NANDU Vs. STATE OF U.P.

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order dated 6.8.2003 passed by the Special Land Acquisition Officer, Varanasi, rejecting the application of the petitioners under section 28 -A of the Land Acquisition Act, 1894 as being irregular, doubtful and misleading. We have heard Sri Shyam Dhar Pandey, learned Counsel for the petitioners and learned Standing Counsel on behalf of the respondents. Affidavits have been exchanged between the parties, which are on record.

(2.) THE dispute is with regard to plot No. 802 area 0.31 decimals of Village Seergoverdhanpur, Tahsil and District Varanasi. The undisputed facts are that the property in question was acquired by a notification under the Land Acquisition Act. Another parcel of land under the same notification became subject matter of reference under section 18 and the compensation awarded therein was enhanced vide reference No. 11.2 of 1992, Lallu Prasad v. State of U.P. dated 23.3.1993. Petitioners' claim is founded on the basis of an application moved on 22.6.1993 for awarding of compensation at par with the amount awarded in the aforesaid reference.

(3.) TAKING into account the aforesaid facts about the application moved, the Special Land Acquisition Officer has concluded that it is self evident that' the application was originally prepared for Nandu son of Vishwa Nath and the names of the other persons were added which appears to have been done between 11.6.1993 and 22.6.1993.