Court No. - 29
Case :- WRIT - C No. - 14310 of 2018 Petitioner :- Sukkhe Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
The petitioner before approaching this Court has preferred an application under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") with a prayer for re-determination of the amount of compensation on basis of the award of the Court.
Suffice to mention that such an application could have been filed by the petitioner within a period of 3 months from the date of the award of the Court. In the case in hand, award was made on 19.4.1999 and petitioner has preferred an application under Section 28A of the Act, 1894 on 18.12.2017.
From perusal of the application aforesaid (Annexure No. 6 to the writ petition), it is apparent that the petitioner has not given any sufficient reason for condonation of delay in filing such application.
True it is, the petitioner has given reference of one other person to whom additional compensation was awarded but in that one matter, a litigation was pending before the Court competent and a contempt petition too was filed and then compensation was paid on 25.10.2016 by District Magistrate, Bijnor. The case of the petitioner cannot be compared with the case of the person referred above as the petitioner's case was never a subject matter of litigation and no dispute with regard to determination of compensation was ever raised before any Authority. The writ petition, hence, is dismissed.
Order Date :- 30.4.2018 Shubham .
(Jayant Banerji,J.) (Govind Mathur,J.)