LILA SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - C No. - 38335 of 2026

Lila Singh And Another
                                                         .....Petitioner(s)
                                 Versus

State Of U.P. And 3 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)     : Dushyant Singh, Mahesh Chand
Counsel for Respondent(s)     : Agarwal Archi Piyush, Anuj Pratap
                                Singh, C.S.C.

Court No. - 29
                 HON'BLE SIDDHARTHA VARMA, J.
                 HON'BLE KUNAL RAVI SINGH, J.

1. Heard Shri M.C. Singh, learned Counsel for the petitioners, learned
Standing Counsel for respondent Nos. 1, 3 & 4 and learned counsel
appearing on behalf of respondent No.2.

2. Challenge has been raised to the order dated 21.04.2022 passed by the
Special Land Acquisition Officer, whereby the application filed under
Section 28-A of the Land Acquisition Act, 1894 (for short, the "Act,
1894") has been rejected on a highly technical ground.

3. At the outset, learned counsel for the petitioners has placed reliance
upon the order dated 22.09.2022 passed by a Coordinate Bench of this
Court in Writ-C No. 23460 of 2022 (Ram Prakash vs. State of U.P. and 3
others), wherein the Special Land Acquisition Officer had rejected an
application under Section 28-A of the Act, 1894 on the highly technical
ground that the same had been preferred beyond the prescribed period by
9 days. After hearing the learned counsel for the parties, the Coordinate
Bench allowed the writ petition and relegated the matter to the competent
authority for fresh consideration in accordance with law.

4. It is contended that though the land acquisition reference was decided
by the competent Court on 04.04.2012 and the compensation in respect of
the land in question was finalized, the petitioners moved an application
under Section 28-A of the Act, 1894 on 17.07.2012. Learned counsel for
the petitioners, in this backdrop, submits that in the instant case, the
application under Section 28-A of the Act, 1894 was preferred with a
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                                    delay of 14 days. It is thus contended that the issue involved in the present
                                    case is squarely covered by the aforesaid order and, therefore, similar
                                    indulgence may be extended in favour of the petitioners.

                                    5. Be that as it may, a perusal of the record indicates that the petitioners
                                    were not aware of the award passed by the Reference Court on
                                    04.04.2012.

                                    6. After getting the award, if the petitioners moved an application by
                                    delay of 14 days, it should have been condoned by the Special Land
                                    Acquisition Officer. The rejection order, being highly technical is,
                                    therefore, set aside. The writ petition is allowed.

                                    7. The matter is relegated back to the Competent Authority for fresh
                                    decision in accordance with law.


                                                               (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 23, 2026
                                    Irshad




Digitally signed by :-
IRSHAD AHMAD SIDDIQUI
High Court of Judicature at Allahabad