BHAGTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This special leave arises from order of the Division Bench of the Punjab and Haryana High Court, made on August 18, 1992 in Civil Revision No. 73 of 1991.

(2.) The learned counsel for the petitioner has contended that the decision of this Court in Babua Ram v. State of U. P, (1995) 2 SCC 689, was referred to a Constitution Bench in Jose Antonio Cruz Dos R. Rodrigueses v. Land Acquisition Collector, (1996) 1 SCC 88, and thereafter cases with similar facts were also referred. We find that the statement is not accurate and in the facts of this case, the question does not arise. The admitted position is as under.

(3.) Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act) was published on June 26, 1973 acquiring 133.24 acres of land situated in Village Dara Kalan, District Kurukshetra for development and utilisation of the land for residential purposes. The Collector in his award dated July 17, 1975, awarded compensation at the rate of Rs. 3/- per square yard. The appellant did not seek any reference under Section 18. However, on reference sought by others, the District Judge in his award and decree dated October 3, 1981, enhanced the compensation to Rs. 7/- per sq. yd. Dissatisfied therewith, those claimants filed appeal in the High Court. The High Court by judgment and decree dated March 14, 1990, further enhanced the compensation to Rs.37 per sq. yd. Thereafter, the petitioner filed an application within the prescribed limitation period of 30 days from the date of the judgment of the High Court under Section 28-A of the Act for payment of the enhanced compensation. The Land Acquisition Collector by Order dated September 5, 1990 dismissed the application but the District Judge re-determined the compensation by Order dated December24, 1991. The revision application, on reference by a learned single Judge, was allowed by the Division Bench setting aside the reference Court award. Thus, this special leaves.