Legal heirs are entitled to apply under Section 28 (A) for re-determination of compensation, regardless of the original land owner's actions.

G.S. Sistani, J.

1. This is a petition filed by the petitioners under Article 226 of the Constitution of India seeking a writ of mandamus and a direction to quash the order dated 2nd February, 2012 passed by the Land Acquisition Collector District (North-West) (At present District New Delhi) by which the application filed by the petitioners under Section 28 (A) of the Land Acquisition Act, 1894 was dismissed. A direction is also sought to the respondents to decide the application of the petitioners under Section 28 (A) afresh and re-determine the market value of the acquired land of the petitioners on the basis of Award/Judgment dated 26th October, 2006 passed by Sh. Yashwant Kumar, Additional District Judge, Delhi in LAC No. 281/1/06 titled as Hukam Chand and Ors. v. Union of India where market value of the land which was acquired by the same Notification and by the same Award has been fixed at Rs.10 per sq. yd. as against market value initially fixed by the Land Acquisition Collector in his Award no. 883 of Village Mohd. Pur, Munirka, Delhi and direction to the respondents to re-determine the market value/compensation to be paid to the petitioners according to their share.

2. It is the case of the petitioners that Shri Bahala S/o Shri Mokham R/o Village Mohd. Pur Munirka, Delhi was the recorded owner of the land comprising in Khasra/Field No.1302/1076/646(0-08), 1314/386(4-05), 425 (4-04), 550(8-01), 1304/1028(0-14), 1099/665(0-17), 1024/291(0-14), 1029/593(0-12), 1308/906(1-09), 1005/415(2-19), 370 (9-14), 379 (4-10), 380 (2-03) and 1310/236(3-05), total measuring 43 bighas 15 biswas, situated in the revenue estate of Village Mohd. Pur Munirka, Delhi. A notification under Section 4 of the Land Acquisition Act was issued on 8th March, 1957 followed by declaration under Section 6 of the Act, on the same date, to compulsorily acquired the land of Village Mohd. Pur Munirka, Delhi, including the land of predecessor-in-interest of petitioners for the purpose of Housing Scheme of the Ministry of Works, Housing & Supply, Govt. of India. Thereafter, Award under Section 11 of the Land Acquisition Act was made in the year 1962 by the Land Acquisition Collector, bearing No.833 of village Mohd. Pur Munirka, Delhi and by this award the land was finally acquired by the Govt. The Land Acquisition Collector fixed the market value of the acquired land stated below:-

i. Land categorized in block-I (A) @ Rs.4/- per. Sq. yard.

ii. Land categorized in block-II (B) @ Rs.3.75/- per. Sq. yard.

iii. Land categorized in block-III (C) @ Rs.3/- per. Sq. yard.

iv. Land categorized in block-IV (D) @ Rs.5.60/- per. Sq. yard.

3. The compensation so assessed by the Land Acquisition Collector for the aforesaid land of Shri Bahala in his name was paid to him. Shri Bahala expired on 12.08.1962. Therefore, he could not file any reference under Section 18 of the Land Acquisition Act. It is the case of the petitioner that the compensation Awarded by the LAC is inadequate & low and does not represent the true & correct market value of the acquired land of predecessor-in-interest of the petitioners. The 1894 Land Acquisition Act was amended & new provisions by virtue of under Section 28-A of the Land Acquisition Act, have been incorporated, thereby the land owners, who had not applied for a reference under Section 18 of the LA Act, have been given a right to apply under Section 28A of the Land Acquisition Act to get compensation at par with those, who have got a higher compensation, because of the enhancement allowed by the reference Court or by the higher court in appeal. It is also the case of the petitioners that on 26th October, 2006, Shri Yashwant Kumar, learned ADJ Delhi, in LAC No.281/1/2006, titled as Hukam Chand versus Union of India was pleased to enhance the market value @ Rs.10/- per sq. yard against Rs.4/-per sq. yard for the land categorised in block-I (A), Rs.3.75/- per.sq.yard for the land categorized in block-II (B), Rs. 3/- per sq. yard for the