BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of two writ petitions bearing CWP No. 17539 of 2001 and 18320 of 2001, titled as Balwinder Singh v. State of Punjab and others, 2003(1) R.C.R.(Civil) 481 and Union of India v. State of Punjab and others, respectively, as the same are arising from the common order/award dated 30.5.2000, passed by the Land Acquisition Collector-cum-Sub Divisional Magistrate, Patti, District Amritsar.

(2.) THE brief facts of the case are that a big chunk of land was acquired by the Union of India for establishing the New Border Security Force Battalion Head Quarters at Amarkot, Tehsil Patti, District Amritsar vide notification dated 23.2.1989 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act). The declaration under Section 6 of the Act regarding the said acquisition was issued on 29.8.1989. In the said acquisition, some of the land of Balwinder Singh petitioner of CWP No. 17539 of 2001 was acquired. Though the other claimants filed reference under Section 18 of the Act, in which the amount of compensation was enhanced by the judgment dated 15.5.1995, passed by the Additional District Judge, Amritsar, but Balwinder Singh did not seek any reference under Section 18 of the Act. He and his brother Sukhvinder Singh filed an application under Section 28-A of the Act (Annexure P-1) for re-determination of the amount of compensation payable to them on the basis of the judgment dated 15.5.1995, passed by the Additional District Judge, Amritsar. The said application was filed on 4.9.1995, which was decided on 30.5.2000 (Annexure P-3) and they were also awarded the enhanced compensation on the basis of the judgment dated 15.5.1995.

(3.) IT has been submitted by learned counsel for the Union of India that the learned Additional District Judge passed the award and enhanced the compensation on the reference application of Balwinder Singh and his brother Sukhvinder Singh, which was filed by them on 4.9.195 for re-determination of the compensation on the basis of the aforesaid judgment. The said application was, however, rejected on the grounds of limitation by the Land Acquisition Collector on 4.9.1995 itself. No appeal or revision was preferred against that order. Balwinder Singh (petitioner in CWP No. 17539 of 2001) without challenging the said order of the Land Acquisition Collector and without disclosing this fact, filed CWP No. 4029 of 1999 in this Court, which was disposed of vide order dated 23.2.2000 directing the respondent-Land Acquisition Collector to take a decision in the matter within a period of six months from the date of receipt of the certified copy of the order. In the said writ petition, the Union of India was deliberately not impleaded as a party, though the land was acquired for its benefit. After passing of the afore mentioned order dated 23.2.2000, the Land Acquisition Collector, Patti, after getting the proposal from the Deputy Commissioner, Amritsar, passed an order dated 12.5.2000 and enhanced the amount of compensation in terms of the award dated 15.5.1995. The Union of India came to know about the order of enhancement of compensation only when they received the notice dated 30.5.2000. They immediately filed an application before the Additional District Judge, for re-considering the matter, but the said application was rejected vide order dated 11.4.2001. Thereafter, the Union of India filed CWP No. 18320 of 2001, in which the orders dated 5.5.2000, 12.5.2000, 30.5.2000 and 11.4.21001 have been challenged.