JAGDISH SARAN SINGHAL Vs. COLLECTOR HAMIRPUR

JUDGEMENT

(1.) By means of this petition, the petitioner has sought a mandamus directing respondent No. 1 to make a reference under Section 37 of the Land Acquisition Act.

(2.) The relevant facts giving rise to this petition are that certain pieces of land belonging to the petitioner had been temporarily acquired for its use and occupation by the State under Section 35 of the Land Acquisition Act. There was some litigation in respect of compensation payable in respect thereof, which ultimately became final. However, at the time when the land was sought to be handed over to the petitioner, he made an application before the Collector pointing out that some quantity of earth has been removed from the land in question and consequently damage has been caused to it. He, therefore, prayed that a reference under Sec. 37 of the Act be made to the court. This application has been rejected by the Collector by an order dated 16th Nov. 1977, a copy whereof has been filed as Annexure I to the supplementary affidavit.

(3.) The ground on which the application for making a reference was rejected appears to be that the petitioner had already been granted compensation for the land and, therefore, was not entitled to any additional compensation. It may be pointed out that on earlier occasion when the reference was made to the Court compensation was awarded as if it was a case of permanent acquisition of land and not merely temporary acquisition where compensation is awarded only for use and occupation of the land during the period of temporary occupation. In the appeal filed by the State the High Court agreed with the State and the appeal was allowed directing the court below to reconsider the reference under Section 36 and determine compensation only in respect of the loss caused to the owner due to its non-occupation and user during the period of temporary acquisition. Surprisingly the learned Standing Counsel has taken a stand now which is quite contrary to the stand of the U.P. State in the appeal.