BRIJ NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Land Acquisition Collector, Panchkula, issued notification bearing: No. LAC(F)-82/NTLA/5431 dated 5.7.1982 published In the Haryana Government Gazette of the same date under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act). The land was acquired for establishment of Sector 8, Urban Estate, Karnal, for residential -and commercial purposes. Declaration under Section 6 of the Act was published vide notification No. LAC(F)/NTLA/6106 dated 21.2.1994.

(2.) The Land Acquisition Collector announced award No. 1 dated September 23, 1986 regarding the acquired land. Market value of the acquired land as assessed at Rs. 80,000/- per acre. Possession of the land was taken after the announcement of the award on September 23, 1986.

(3.) Land of the petitioner measuring 1 Bigha 14 Biswa was acquired under this notification. According to the allegations contained in the petition no compensation has been paid to the petitioner for the land acquired, which belonged to him, in pursuance to the award given on 23.9.1986 by the Land Acquisition Collector. The petitioner also made a reference application, Annexure P-1, under Section 18 of the Act on 20.10.1986. No reference was made to the District Judge by the Land Acquisition Collector. Application filed by the petitioner was rejected and order conveyed vide memorandum No. 4837 dated 1.12.1989 (Annexure P-2), rejection was made on the ground that petitioner failed to clarify certain mistakes which had been pointed out to him vide communications addressed to him on 1.9.1989 and 29.9.1989. The application of the petitioner for making reference to the District Judge for enhancement was filed/rejected. Petitioner has impugned order Annexure P-2 by way of this petition under Article 227 of the Constitution of India. I have perused the application, Annexure P-1, filed by the petitioner under Section 18 for enhancement of compensation. Prima facie I do not find any irregularity/mistake in the filing of the application.