CHANDRA KISHORI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order dated 23.02.2004, by which Reference Court rejected the application of the petitioner under Section 28-A of the Land Acquisition Act, 1894 (hereinafter called the Act).

(2.) THE facts and circumstances giving rise to this case are that the land of the petitioner was acquired under the provisions of the Act issuing Notification under Section 4 on 04.05.1973 and Declaration under Section 6 on 04.08.1973.THE Award was made, against which some of the persons interested filed Reference under Section 18 of the Act which was decided on 11.12.1991 by the Court concerned. On the basis of the said Reference Award dated 11.12.1991 petitioner filed an application under Section 28-A of the Act claiming the same rate for her land which was rejected vide impugned judgment and order of the Reference Court holding it to be not maintainable only on the ground that the application was not maintainable as the petitioner had not filed application under Section 18 of the Act before the Reference Court. Hence this petition.

(3.) THE scope of provisions of Section 28-A was considered by the Supreme Court in Mewa Ram Vs. State of Haryana, (1986) 4 SCC 151 and the Court placed particular emphasis on para 2(ix) of the object and reasons which provided for a special provision for inarticulate and poor people to apply for redetermination of the compensation amount on the basis of the court award in a land acquisition reference filed by comparatively affluent land owner. THE Apex Court observed as under: