BRIJ NANDAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition Brij Nandan and others pray for a writ of mandamus under Article 226 of the Constitution directing the Land Acquisition Collector, respondent No. 2, to make a reference to the Civil Court in terms of Section 18 of the Land Acquisition Act (hereinafter called 'the Act') in respect of land comprising Khasra No. 53/1 situated at Faridabad, which was acquired by the State for development of Sector 28, Faridabad.

(2.) After the land was acquired, the Collector announcement the Award fixing compensation for the acquired land on February 22, 1974. Brij Nandan and other petitioners, whose land was acquired and were not satisfied with the amount of compensation assessed, moved an application under Section 18 of the Act within the prescribed period of limitation to the Land Acquisition Collector, Urban Estates, Faridabad, on March 28, 1974. However, afterwards the Land Acquisition Collector made a reference to the District Judge with respect to land comprising Khasra No. 14 only whereas land comprising Khasra No. 14 and 53/1 was acquired. In the written statement filed by the Land Acquisition Collector it was asserted that one Radhey Sham claiming himself to be a tenant over the land in dispute had also raised a dispute of compensation. His application filed under Section 18 of the Act was referred to the Land Acquisition Collector and was also disposed of. Thus it was no necessary to send another reference on the application of the present petitioners. Further details of the case which was referred were also given. That upto the High Court the land dispute was decided where compensation was enhanced.

(3.) The question for determination in this case is as to whether the Land Acquisition Collector could withhold an application filed under Section 18 of the Act by some of the landowners claiming more value for the acquired land. The answer is in the negative. The Collector is duty-bound to make the reference under Section 18 of the Act. Similar matter between the parties was decided in C.W.P. No. 5109 of 1989 on August 25, 1989, and a direction was given to the Land Acquisition Collector to make reference to the Civil Court of application filed by the claimants under Section 18 of the Act. On the same reasons the present writ petition is allowed. The Land Acquisition Collector is directed to refer the application of the claimants filed under Section 18 of the Act to the District Judge for decision according to law with respect to land of Khasra No. 53/1 also. There will be no order as to costs.