PARAMJIT SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) This petition is directed against the order of the learned District Judge, Chandigarh whereby the reference under Section 28-A of the Land Acquisition Act was dismissed. It is not disputed that the petitioner-claimants earlier sought reference under Section 18 of the Land Acquisition Act which was decided by the District Judge on 1st September, 1980. It was found that no case was made out for ordering enhancement of compensation and the rate of compensation awarded by the Collector was held quite just and reasonable. The claimants felt satisfied with the award and no appeal was filed by them. However, certain other claimants approached the High Court by way of appeal which was allowed on 17th February, 1983 and their case was remanded for being decided afresh. After remand, the learned district Judge ordered enhancement of compensation to the extent of 100% awarded by the Collector. On the basis of the said award, the present claimants moved an application before the Land Acquisition Collector for redetermination of the value of the acquired land under Section 28-A of the Act. The Collector rejected the application on the ground that the claimants had already availed remedy under Section 18 of the Act and had failed to get any enhancement. Dissatisfied by the order of the Collector they approached the District Judge but their application was dismissed on the ground that the claimants were not entitled to invoke the provisions of Section 28-A of the Act.

(2.) No meaningful argument was raised on behalf of the petitioners to challenge the order of the learned District Judge. On the facts admitted, the petitioners were not entitled to invoke the provisions of Section 28-A of the Act as they had already claimed reference under Section 18 of the Act. Consequently, this petition fails and is dismissed.