- (1.) The relief that has been claimed in the writ petition is that the application filed by the petitioner under section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') may be decided. The petitioner claims to have filed this application for re-determination of the amount of compensation on the basis of the award made by the Reference Court under section 18 of the Act on 30 May 2002.
(2.) In paragraph 8 of the writ petition, it is stated that the petitioner had filed the application under section 28-A of the Act on 8 August 2002/14 August 2002. Only a typed copy of the application has been enclosed. A photostat copy of the said application which can indicate the seal and endorsement about receipt has not been enclosed. In paragraph 9 of the writ petition, the petitioner has further asserted that he had submitted a reminder for deciding the application on 28 May 2011. A photostat copy of the application containing a seal of the office of the Special Land Acquisition Officer and an endorsement dated 30 May 2011 has been enclosed.
(3.) A counter affidavit has been filed by the respondents and in paragraph 8 of the counter affidavit, the respondents have denied the filing of the application by the petitioner on 8 August 2002/14 August 2002 or the reminder on 28 May 2011 and the averments are as follows : "8. That the contents of paragraph No.8 of the writ petition are wrong and are vehemently denied. It is submitted that no such application alleged to have been filed under Section 28-A dated 8.8.2002/14.8.2002 has been found to have been entered in the receipt register maintained in the office of respondent no.2 and as such, the alleged application dated 8.8.2002/14.8.2002 not having been filed by the petitioner in the office of respondent no.2 in view of the reports maintained by the office of respondent no.2, no question arises for disposal of the same. It is also alleged that the alleged reminder dated 28.5.2011 which is alleged to have been received in the office of respondent no.2 on 30.5.2011 has not been received in the office of respondent no.2 and the concerned Ahalmad (Sri Yad Ram Sagar) has submitted a report on 13.5.2014 before the Additional District Magistrate (Land Acquisition) (Joint Organization), Ghaziabad to the effect that he did not receive the alleged application dated 28.5.2011, alleged to have been filed under Section 28-A of Land Acquisition Act nor the alleged signature on the said application is the signature of that Ahalmad. Photostat copy of the report dated 13.5.2014 is being filed herewith as Annexure No.CA-1 to this affidavit. It is also submitted that since no application under Section 28-A of Land Acquisition Act has been filed or made available or received in the office of respondent no.2, no question arises for disposal of said application. It is also submitted that the petitioner has not filed any evidence from which it can be said that the petitioner has filed application under Section 28-A of Land Acquisition Act and the alleged seal is also not admitted which appears on the alleged application dated 28.5.2011. It is also submitted that that the certified copy of the judgment and decree dated 30.5.2002 passed by Additional District Judge-XII, Ghaziabad has been obtained by the petitioner on 29.11.2013, from which, it is very much clear that the petitioner did not obtain the certified copy of judgment and decree dated 30.5.2002 within a period of 90 days and as such, no question arises to file application under Section 28-A of Land Acquisition Act in the year 2002 on the dates alleged by the petitioner. A photostat copy of the judgment and decree dated 30.5.2002 is being filed herewith as Annexure No.CA-2 to this affidavit.";