LAWS(P&H)-2000-9-65

DES RAJ Vs. PUNJAB STATE

Decided On September 01, 2000
DES RAJ Appellant
V/S
PUNJAB STATE Respondents

JUDGEMENT

(1.) REPLICATION filed on behalf of the petitioners today in court is taken on record.

(2.) PETITIONERS have filed the present writ petition under Article 226/227 of the Constitution of India, against the respondents seeking the directions in the nature of mandamus that the respondents be directed to pay the market value of the land owned by the petitioners. The land of the petitioners was acquired by the Govt. The notification under section 4 of the Land Acquisition Act was issued on 22.7.1993 and, thereafter, the notification under section 6 was issued.

(3.) ON the contrary, counsel for the respondents submitted that this writ petition deserves to be dismissed on the short ground that against the award, the petitioners have already adopted the remedy under section 18 of the Act. The Collector has already deposited the market value and the petitioners are free to withdraw the same. If the petitioners are not satisfied with the market value of the land and houses assessed by the Collector, the court under section 18 of the Act is entitled to enhance the amount of compensation to any extent as per the guidelines as envisaged under section 23 of the Act.