PARBHATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed to impugn the Order dated 17/3/1986 of the Land Acquisition Collector, Delhi rejecting the application of the petitioner under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as`the Act'). It was held that the provisions of Section 28-A of the Act were attracted only if the interested person had not filed a reference under Section 18 of the Act. Since the petitioner filed a reference under that provision he was not entitled to the benefit of the judgment delivered by the Additional District Judge enhancing the compensation of other land-owners covered by the same notification.

(2.) The facts as enumerated in the petition are that the petitioner is a resident of village Karkardooma, Shahdra-Delhi and is a cultivator by profession. Some lands including the lands of the petitioner were acquired by two different awards Nos.54-A/70-71 and 1804 under the relevant provisions of the Act. In respect of the lands falling under Award No.1804 compensation was passed to the extent of 60% share in favour of the petitioner by the Court of Shri G.R.Luthra, Additional District Judge, Delhi in LAC case No.31/67 decided on 16/3/1970 in a reference petition under Sections 30 and 31 of the Act.The land falling in the above Award were as follows:

(3.) The Collector had assessed the compensation in respect of various categories of land at Rs.1,000.00 , Rs.800.00 , Rs.600 and Rs.400.00 per Bigha. On a reference made under Section 18 of the Act the compensation was enhanced to Rs.2,000.00 per Bigha for all kinds of lands for which the petitioner was entitled to 60%. The petitioner did not take recourse to the remedy of appeal before this Court. In respect of award No.54-A lands covered by the same were as follows: