SURENDER PAL SINGH SETHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition arises out of an order dated 26.10.2004 passed by Additional District Judge, Rewari on an application filed by the petitioner under Sections 151, 152, 153A of the Code of Civil Procedure, 1908 (for short 'CPC') which has been dismissed.

(2.) Tersely, case of the petitioner is that vide notification No. LAC (G)-NTLA/96/434 dated 22.7.1996 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') followed by a notification No. LAC(G)-NTLA/96/435 dated 23.7.1996 issued under Section 6 of the Act, land measuring 9.91 acres situated in the revenue estate of village Khaiwali and Kharkhara, Tehsil and District Rewari was acquired at public expense, for the public purpose, namely, for the development and utilization of land fox providing approach road to industrial Plot Nos. 36, 37 and 38 of Industrial area, Dharuhera. The Land Acquisition Collector (for short 'the Collector') assessed the market value of the acquired land @ Rs. 2,04,160/- per acre vide his award No. 5 dated 11.11.1997. Initially, the petitioner filed a Reference under Section 30 of the Act in respect of land comprised in Khewat No. 55/58, Rect. No. 6, Killa No. 3 min(3-0), 8/2 min (5-2) measuring 8 kanals 2 marlas situated in revenue estate of village Kharkhara, Tehsil and District Rewari which was referred by the Collector to the Civil Court vide LAC No. 34 of 1999 titled Surenderpal v. Prabhjot Singh which was decided in favour of the petitioner Surender Pal vide order dated 27.5.2000. Thereafter, the petitioner filed a reference under Section 18 of the Act but inadvertently, referred his land as comprised in Khewat No. 395, Rect. No. 119, Killa No. 15/2min (1-16), 16min (3-9), 26min (1-19) measuring 7 kanals 4 marlas situated in village Khatawali, Tehsil and District Rewari instead of land mentioned in the reference under Section 30 of the Act, The learned Additional District Judge, Rewari decided a batch of eight cases including reference filed by the petitioner under Section 18 of the Act as LAC No. 20 of 2000 titled as Surender Pal Singh Sethi v. State of Haryana and Ors. and the main judgment was rendered in LAC No. 16/2000 titled as Ghisa Ram v. State ofHaryana and Ors. whereby vide its award dated 10.9.2003 compensation of the acquired land was reassessed to the tune of Rs. 115/- per square yard besides awarding other statutory benefits in terms of the Amended Act. It is clarified by the learned Counsel for the petitioner that land inadvertently described by the petitioner in his Reference under Section 18 of the Act actually belongs to one M/s Mukta Enterprises who had also filed reference which culminated into LAC No. 24 of 31.7.2000 titled as M/s Mukta Enterprises v. State of Haryana and Ors. in which the aforesaid numbers of village Khatawali have been mentioned. It is also not disputed by the counsel for the State that amount of compensation arising out of acquisition of land measuring 7 kanals 4 marlas of village Khatawali belonging to M/s Mukta Enterprises has already been deposited. Thus, the fact remains that land measuring 8 kanals 2 marlas belonging to the petitioner situated within the revenue estate of village Kharkhara which inadvertently could not be mentioned in the reference filed under Section 18 of the Act, has been acquired by the State of Haryana without payment of compensation.

(3.) Now the question arises whether application under Sections 151, 152, 153, 153 A of CPC which has been rejected by the Court below, could have been allowed. The learned Court below has dismissed the application solely on the ground that the petitioner wants to change the description of land which pertains to separate village. However, it is undisputed that land of both villages Khatawali and Kharkhara was acquired by the same notification dated 22.7.1996.