- (1.) This petition has been filed with a prayer that the Special Land Acquisition Officer should take a decision on the application filed by the petitioner under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as the Act)for re-determination of the amount of compensation.
(2.) A perusal of the application filed by the petitioner which has been enclosed as Annexure-2 to the writ petition indicates that the date of Section 4(1) notification is 13 August 1962. A perusal of the award of the Reference Court, on which reliance has been placed by the petitioner for enhancement of compensation under Section 28-A of the Act, indicates that the date of Section 4(1) notification is 9 February 1962.
(3.) Section 28-A(1) of the Act, on which reliance has been placed by the petitioner, is as follows: "28-A(1). Re-determination of the amount of compensation on the basis of the award of the Court-(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.";