GHISA Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall govern the disposal of CRs No. 754 to 765 of 1990 the facts wherein are common and the question of law arising for decision is the same.

(2.) It would suffice to notice the facts in Cr 754/90 The petitioner's land was acquired. Under the same notification several pieces of land belonging to several persons were acquired. The Land Acquisition Collector made an award. Several petitioners sought for reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as `the act' for short). The references were decided on 1.2.1975 enhancing the market value upto Rs. 2200-2500 per Bigha. The petitioners herein felt satisfied and did not go in appeal against the order of the reference court seeking further enhancement. However, a supplementary award No. 50A/96-97 was pronounced by the Land Acquisition Collector on 4.11.81 in the case of some other claimants. A reference under Section 18 of the Act arising out of the supplementary award was also decided on 29.11.1986 wherein those claimants (other than the petitioners herein) were awarded compensation Rs. 23000/ per Bigha.

(3.) On 23.1.87 an application under Section 151, Civil Procedure Code has been filed submitting that the land of the petitioners is similarly situated as the land of the claimants in the award dated 29.11.86 and as the petitioners could not prefer an appeal for further enhancement due to paucity of funds, they deserve to be awarded compensation at the same rate at which the claimants under the award dated 29.11.86 have been awarded i.e. at the rate of Rs. 23000.00 per Bigha.