Sanjay Kishan Kaul, J.

CM No. 7523/2011

Allowed subject to just exceptions.

WP (C) No. 3595/2011

1. The Petitioner seeks to raise a legal plea that he is entitled to maintain an application for enhanced compensation under Section 28A of the Land Acquisition Act, 1894 ("the said Act? for short) even though filed admittedly beyond three (3) months of the date of the award on the ground that it was filed within three months of the date of the knowledge of the award. In substance the plea is that it is the date of knowledge of the Petitioner which is material for purposes of filing an application under Section 28A of the said Act to claim parity in respect of compensation qua persons who had sought and obtained enhanced compensation.

2. The factual matrix is limited. The Petitioner was owner of the land in question, which was situated in Village Dhaka. The land was sought to be acquired by issuance of a notification Under Section ection 4 of the said Act on 13.11.1959, which was followed by a declaration dated 22.11.1962 issued under Section 6 of the said Act. An award No. 1557, in this regard, was passed on 30.03.1963. The Petitioner never preferred a reference for enhancement of c