INDERJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in the present writ petition filed under Article 226/227 of the Constitution of India, seek directions in the nature of mandamus for payment of compensation qua the acquired land of the petitioners, in compliance of the order dated 31.08.2010 (Annexure P-1), passed by the Land Acquisition Collector, SAS Nagar, Mohali under Section 28-A of the Land Acquisition Act, 1894 (for short, the 'Act'). Resultantly, the demand notice dated 08.01.2018 (Annexure P-4), to that extent, is sought to be enforced. Claim has also been made for further enhancement on the strength of the judgment rendered in RFA-3161-2009 titled Jasmer Singh and another Vs. State of Punjab, decided on 01.06.2016. Reference has also been sought to be made to the applications dated 23.09.2016 and 14.10.2016 (Annexures P-2 and P-3) made before the LAC to be referred to the Reference Court, as per the provisions of Section 28-A(3) of the Act.

(2.) A perusal of the paperbook would go on to show that land measuring 75 biswas was sought to be acquired, falling in Village Gharuan Hadbast No.377, vide notification dated 23/28.11.2000, issued under Section 4 for the public purpose of setting up of Chandigarh- Ludhiana Broad-Gauge Railway Line, the award of which was passed on 21.08.2001, whereby the Land Acquisition Collector had awarded a sum of Rs.4 lakhs per acre. The other landowners had filed petitions under Section 18 of the Act whereby the market value had been enhanced to Rs.6 lakhs per acre + 50% severance charges, vide award dated 30.05.2007, passed by the Reference Court in land Reference No.79/13.02.2003 titled Sewak Singh and others Vs. State of Punjab and others.

(3.) Resultantly, the petitioners had filed an application under Section 28-A, claiming the same benefits which had been allowed vide order dated 31.08.2010 (Annexure P-1), granting the same amount of compensation along with all statutory benefits. The amounts were to be calculated and were to be deposited by the Railway Department, to be released to the applicants after obtaining adequate security in the form of indemnity bonds duly attested by Executive Magistrate or the Notary Public.