High Court of Judicature at Allahabad
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Panna Lal v. State Of U.P. And Another - WRIT - C No. 41562 of 2006  RD-AH 12899 (3 August 2006)
Hon'ble R.K. Rastogi,J.
While hearing this petition on behalf of Panna Lal as fresh matter, we found that application under section 28-A of the Land Acquisition Act ( referred to as the Act ) filed way back in 2001 is sought to be kept pending under Government Order dated 13.5.2001(Annexure 5 to the writ petition ). The said Government Order has been issued in view of the decision of the Apex Court in the 'State of Maharashtra Vs. Manakchand Pyarmal and others' (1996) 1 Supreme Court Cases 297.
In the aforesaid Apex Court case award on the basis of which enhanced compensation was claimed under section 28-A of the Act was challenged by filing an appeal which was admitted and interim stay order was passed. Taking advantage of the aforesaid Government Order application of the petitioner in instant petition claiming enhanced compensation has been directed to be kept pending on the ground that against the award granting enhanced compensation ( on the basis of which the petitioner claims enhanced compensation under section 28-A of the Act ) appeal has been filed in this Court along with section 5 application, which is defective. On behalf of the petitioner it is argued that said appeal cannot be treated as pending. In view of the aforesaid submissions we sent for the record of the First Appeal no. 861 of 2003 ( Defective) ( State of U.P. Vs. Luxmi Shanker and others). In the said defective First Appeal filed on behalf of the State of U.P. a Division Bench of this Court had issued notice on 16.9.2003 and directed the case to be listed immediately after two months. Why the Registry did not list it is not known and also nothing is available on record in this regard.
The interesting feature of the case is that no steps have been taken for serving the unserved respondents for inviting objections on section 5 application. The order dated 16.9.2006 clearly mandated for serving notice on the unserved respondents by R.P.A.D. returnable at an early date. The State Government cannot take advantage of its own latches and carelessness. In that view of the matter we direct the said defective First Appeal no. 861 of 2003, (State of U.P. Vs. Luxmi Shanker and others) to be listed along with the present writ petition no.41562 of 2006 ( Panna Lal Vs. The State of U.P. and another).
Let this petition be listed/put up along with the aforesaid appeal tomorrow.
Sri Vishnu Pratap Singh and Sri P.P. Srivastava, learned Standing Counsel appearing for the State Government take notice of the order passed today.
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