SADHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Land owners Sadhu Ram etc. have filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 5.2.2008 passed by learned Additional District Judge, Kurukshetra. Land of the petitioners was acquired by respondent-State of Haryana vide award no. 13 dated 22.2.1991 passed by Land Acquisition Collector. The petitioners filed reference petition under section 18 of the Land Acquisition Act, 1894 (in short, the Act) for enhancement of compensation of their acquired land mentioned in the said reference petition. The learned Additional District Judge vide award dated 17.5.1993 enhanced the compensation of the acquired land. In first appeal preferred by the land owners, this Court further enhanced the compensation. In letters patent appeal, the compensation was further enhanced by this Court. Execution petition filed by the petitioners for recovery of the enhanced compensation amount was disposed of as fully satisfied on payment of the enhanced compensation amount.

(2.) The petitioners thereafter filed fresh execution petition alleging that their land measuring 86 marlas being share in rectangle No. 31 khasra no. 13 min. (4-12) and another 13 min. (3-0) was not included in statement under section 19 of the Act sent by Land Acquisition Collector. The petitioners claimed enhanced compensation for the said land as well. Respondent resisted the aforesaid execution petition alleging that the award sought to be executed does not relate to land of khasra no. 13 rectangle no. 31 for which enhanced compensation is being claimed by the petitioners.

(3.) Learned executing court i.e. learned Additional District Judge, Kurukshetra vide impugned order dated 5.2.2008 has dismissed the execution petition. Feeling aggrieved, the land owners have preferred the instant revision petition.