NORANG Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Civil Revision No. 3161 of 1990 and 3244 of 1990 as these have been filed against identical order of the Sub Divisional Magistrate-curn-Land Acquisition Collector, Hissar.

(2.) The facts giving rise to these revision-petition are that notifications dated 21st February, 1988 were issued by the State of Haryana under sections 4 and 6 of the Land Acquisition Act. By these notifications, some land, including the land of the petitioners was sought to be acquired for the purpose of construction of Maharaj Aggarsain Medical College at Agroha. The matter was still pending before the Collector for giving an award under section 11 of the Land Acquisition Act. From the order, it appears that the petitioners entered into an agreement dated 18th March, 1989 with the Secretary, Health Department, Haryana, the Acquiring Department. By this agreement, the petitioners are stated to have agreed to receive compensation as under

(3.) The petitioners moved an application under section 18 of the Land Acquisition Act seeking a reference for redetermination of the market value of the acquired land from the Civil Court. In the reference application, it was further the grouse of the claimants-petitioners that their entire land was Nehri whereas they had been paid compensation as Tal. The petitioners claimed that they were entitled to compensation at the market rate and not on the basis of the alleged agreement. The learned Collector vide his order dated 21st August, 1990 under revision dismissed the application on the short ground that the application did not fall under the purview of section 18 of the Land Acquisition Act. This order was passed without issuing any notice to the landowners.