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Judgment
By this petition under Article 226 of the Constitution of India the petitioner prays for a writ of mandamus directing the respondent No. 2 to dispose of an application dated 1071990, copy of which is Annexure 2 to the writ petition, seeking redetermination of compensation for acquisition of land in terms of Section28Aof the Land Acquisition Act. The petitioner''s grievance is that the said application, though pending for a long time, has not yet been disposed of.
I have heard Sri N.D. Shukla, learned counsel for the petitioner arid Sri S.C. Singh, learned Standing Counsel for the respondents.
By an order dated 381998 the learned Standing Counsel was granted time to file counteraffidavit. No counteraffidavit has been filed so far and there seems to be no justification for grant of further time in particular circumstances of the case because the petitioner only seeks disposal of his application that was filed as far back as 1071990. The application purports to be filed seeking additional compensation under Section 28A of the Act and requires to be disposed of according to law.
The writ petition is, therefore, allowed and the respondent No. 2 is directed to dispose of the petitioner''s application moved before him on 1071990, copy of which is Annexure 2 to the writ petition within three months. It is made clear that nothing contained in this order will effect the merits or the maintainability of the said application. It is further clarified that in case no application dated 1071990 was moved before the respondent No. 2, this order shall have no effect. Petition allowed.