MANMOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) CIVIL Revision Petition Nos. 1806 of 1991 and 1807 of 1991 involving common questions of fact and law are proposed to be disposed of by this single judgment.

(2.) VIDE notification No. 81-PI/74 dated 24. 12. 1974 issued under Section 4 of the Land Acquisition Act (hereinafter called 'the Act'), an area measuring 244. 24 acres in village Burail, H. B. No. 222, falling in the Union Territory, Chandigarh, was acquired by the Chandigarh Administration for public purpose, i. e. for the development of Sector 46, Chandigarh. The Land Acquisition Collector, Chandigarh, announced award No. 230/lao dated 29-3-1975. Being dissatisfied with the award of the Collector some of the landowners made applications for reference under section 18 of the Act which were decided by the District Judge, Chandigarh, vide his judgment dated 10-11-1979, fixing the market value at Rs 33,333/-per acre at the flat rate. The above said judgment of the District Judge, Chandigarh, was challenged by one of the claimants in R. F. A. No. 800 of 1981 for further enhancement of the compensation. It was dismissed by this Court vide judgment dated 20 5 1987.

(3.) THE petitioners herein had not filed any application under section 18 of the Act but on the basis of the judgment dated 20. 5. 1987 of this Court they filed applications under section 28-A of the Act as introduced by the Land Acquisition (Amendment) Act, 1984 (the Amending Act, for brevity), for redetermination of the amount of compensation, on 3 - 8-1987. The Land Acquisition Collector vide his order of October 5, 1989, dismissed the said application, saying as under :