Jagdish Singh And 6 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 14154 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 28534 of 2022
 

 
Petitioner :- Jagdish Singh And 6 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vipul Singh,Gopal Krishna
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the petitioners and the learned Standing Counsel.

The present petition has been filed against the order dated 2.5.2022 passed by the Special Land Acquisition Officer, Aligarh under Section 28-A of the Land Acquisition Act, whereby the application moved by the petitioners for grant of enhanced compensation pursuant to the judgment and order dated 7.2.1992 passed by the reference court, has been rejected.

A perusal of the order indicates that the petitioners had moved application under Section 28-A of the Act on 30.4.1992 i.e. after a period of about two months and 24 days of passing of the reference court award. However, copy of the reference court award was not filed, though time was granted to the petitioners. The said award was filed after two months of filing of the application. The Special Land Acquisition Officer, Aligarh has rejected the application on the ground that the copy of the reference court award was filed after a period of two months and therefore, the application itself would be time barred by four months and 24 days.

While holding so, the Special Land Acquisition Officer had taken a highly technical ground, in as much as, the defect in filing of the application, which was well within time, was removed by the applicant with the filing of the copy of the reference court award. In any case, the application could not have been rejected treating it having been filed beyond the period of limitation, which is three months under Section 28-A of the Land Acquisition Act.

For the aforesaid, while setting aside the order dated 2.5.2022, we relegate the matter for fresh consideration before the Special Land Acquisition Officer, Aligarh. A reasoned and speaking order shall be passed preferably within a period of six weeks from the date of receipt of copy of this order after due perusal of the record.

The writ petition is allowed.

Order Date :- 30.9.2022

P.P.