MOHINDER NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the order dated November 6, 1989 passed by the Land Acquisition Collector, Nawanshahar whereby the application under Section 28-A of the Land Acquisition Act (for short the Act) moved by the petitioner for re-determination of compensation of the acquired land was dismissed.

(2.) SOME land of the petitioner was acquired by the State of Punjab under the provisions of the aforesaid Act. Notification under Section 4 of the Act was issued in this behalf on May 28, 1981. The Collector gave his award. On reference under Section 18 of the Act, the District Judge determined the market value of the land at Rs. 1000/- per marla. On further appeal, the market value was enhanced by this Court by judgment dated March 12, 1987.

(3.) THE petitioner herein thereafter filed an application under Section 28-A of the Act on October 3, 1988 before the Collector for re-determination of compensation on the basis of the amount of compensation awarded by this Court by judgment dated March 12, 1987. This application, as stated earlier, was dismissed on November 6, 1989, primarily, on the ground that the petitioner did not approach the Collector within three months from the date of order of the High Court dated March 12, 1987. While dismissing the application, the Collector also noticed that the petitioner had admitted that he did seek a reference under Section 18 of the Act and that if the petitioner failed to include same portion of the land in the reference application, it was not the fault of the Court.