PARKASH DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of two C.W.P. No. 9849 of 1990 as common question of law and fact is involved in both the cases. The facts are taken from C.W.P. No. 9849 of 1990.

(2.) Admitted facts of the case are that on 2.11.1978, Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued by the State of Punjab, acquiring 51 Acres 4 Kanals 10 marlas of land, for extension of the existing grain market at Fazilka. Land Acquisition Collector made his award on 21.5.1979. Some of the claimants filed application under Section 18 of the Act for reference. Those cases were referred to the District Judge for degtermination under Section 18 of the Act. Additional District Judge vide his judgment dated 22.7.1984 enhanced the compensation to Rs. 350/- per marla. Still dissatisfied, the claimants filed number of regular first appeals which were disposed of by N.C. Jain, J. vide his judgment dated 3.2.1989 enhancing the compensation to Rs. 800/- per marla. The main judgment was written in R.F.A. No. 40 of 1985.

(3.) Petitioners whose land had been acquired under the same notification dated 2.11.1978 filed application under Section 28-A of the Act claiming enhanced compensation granted by this Court in R.F.A. No. 40 of 1985 to the other claimants. They had stated in their applications that their land was acquired by the same notification dated 2.11.1978 and that they had not filed any reference application under Section 18 of the Act. Arguments were heard by the Land Acquisition Collector on 28.8.1989 but the award was not announced. Claimants were forced to file a writ petition in this Court for direction to the Land Acquisition Collector, to announce the orders on the applications under Section 28-A of the Act (C.W.P. No. 3346 of 1990 dated 9.3.1990). In the written statement filed by the Land Acquisition Collector, it was stated that he had already passed the orders on 16.4.1990. In view of this, C.W.P. No. 3346 of 1990, filed by the petitioners, was dismissed as infructuous. The order passed by the Collector on 16.4.1990 has been impugned by the writ petitioners. Order dated 16.4.1990 passed by the Collector is reproduced below :-