Zaheer and 13 Others Vs State of U.P. and 2 Others

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Additional Cause List Serial No. 329

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Chief Justice's Court

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Case :- WRIT - C No. - 18145 of 2021

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Petitioner :- Zaheer and others Respondent :- State of U.P. and others

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Counsel for Petitioner :- Mr. Hira Lal Singh(Kushwaha), Advocate Counsel for Respondent :- Ms. Mahima Jaiswal, Standing Counsel for respondents no. 1 and 2, Mr. Vineet Pandey for respondent No. 3.

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Hon'ble Rajesh Bindal,Chief Justice Hon'ble Piyush Agrawal,J.

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The petitioners have approached this Court seeking to claim compensation, as has been awarded to other land owners, whose land has been acquired vide same notification. The notification is stated to have been issued under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, 'the Act') on March 2, 1989.

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It is claimed that an application under section 28-A of the Act has been filed by the petitioners, however, the same is not being decided.

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It is the undisputed case of the petitioners that the application was not filed within the time permitted under section 28-A of the Act, i.e., within three months from the date of any award of the reference court, on the basis of which enhanced compensation has been prayed for.

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Considering the fact that the application under section 28-A of the Act has not been filed by the petitioners, admittedly, within the period provided for under the Act, no direction can be issued to the authority concerned for disposal of such an application.

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The writ petition is, accordingly, dismissed.

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Date :- 20.12.2021 Shiraz/Amit Mishra

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(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)

Zaheer and 13 Others v. State of U.P. and 2 Others

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Zaheer and 13 Others v. State of U.P. and 2 Others

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