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Smt. Dinesh Agrawal And Others v. State Of U.P. And Others - WRIT - C No. 57286 of 2006  RD-AH 17794 (16 October 2006)
Civil Misc. Writ Petition No. 57286 of 2006
Smt. Dinesh Agrawal and others. ... . . . . . . . ... . . . . .Petitioners
State of U.P. and others. . . . . . . . . . . . . . . . . . . . . . Respondents.
Hon'ble A.K. Yog,J.
This is a writ petition for quashing the impugned order dated 12.1.2006 ( Annexure no. 4 to the writ petition ) passed by respondent no.2, ( the Addl. District Magistrate/Special Land Acquisition Officer, Meerut) rejecting the petitioners' application under section 28-A of the Land Acquisition Act.
We have heard learned counsel for the petitioners and the learned counsel for the contesting respondents as well as the learned Sanding Counsel.
The petitioners are aggrieved by the impugned order dated 12.1.2006 whereby the Addl. District Magistrate/Special Land Acquisition Officer, Meerut has rejected the petitioners' application under section 28-A of the Land Acquisition Act seeking enhancement of compensation on the basis of an order passed in 39 other cases vide judgment and order dated 11.5.1992 ( Annexure no.1 to the writ petition ) on the ground that certified copy of the said judgment & order was not filed.
In our considered opinion the Addl. District Magistrate concerned instead of rejecting the petitioners' application should have afforded an opportunity and granted time to them to file certified copy of the said order ( photostat copy of which was already annexed therewith). Rules are meant to advance justice. The requirement of filing certified copy is a procedural requirement.
In this view of the matter, we set aside the impugned judgment and order dated 12.1.2006 only to the extent it has rejected the petitioners' application under section 28-A of the said Act on the ground of non-filing of the judgment and order dated 12.5.1992 passed by the III Addl. District Judge, Meerut ( on the basis of which enhancement of compensation was claimed ). To avoid delay, we direct the petitioners to file certified copy of the said order within four weeks before the concerned competent authority along with certified copy of this order and thereafter the concerned competent authority shall decide the application in accordance with law.
The writ petition stands allowed to the extent indicated above.
No order as to costs.
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