Sujit Narayan Prasad, J. - (1.) This writ petition is filed under Article 227 of the Constitution of India wherein direction has been sought for to consider the enhanced amount which is granted in favour of the petitioner, in lieu of Land Acquisition Case No. 22/14-15.
(2.) Learned counsel appearing for the State-respondent has submitted that it is not a case where the provision of right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is applicable, it is for the reason that it is not the case of the petitioner that he has not received the amount of compensation and the award has been passed prior to five years to enactment of the new Act of the year 2013 rather it is the case for enhancement of the amount of compensation, therefore, the provision as contained under the Land Acquisition Act, 1894 will be applicable wherein there is a specific provision to make an application for redetermination of the amount as has been awarded by the competent authority in the land acquisition proceeding. However, he has submitted that the writ petition may be disposed of giving liberty to the petitioner to approach before the competent authority for determination of the amount of compensation.
(3.) Mr. P.P.N. Roy, learned counsel for the petitioner has not disputed the legal position as argued out by the learned counsel appearing for the State-respondent.;