MUKKO Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS order of mine shall dispose of Civil Writ Petitions No. 7821, 7823, 7826, 7828, 7829, 7830, 7832, 7840 and 7824-A of 1996, in which the common questions of fact and law are involved. In these petitions, the petitioners, who are the landowners, are seeking issuance of a writ in the nature of mandamus directing the respondents to make payment of enhanced compensation of the land in question in view of the award dated 30.3.1993, passed by the Special Land Acquisition Collector, Jalandhar (respondent No. 2 herein) under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') within a specified time.

(2.) THE brief facts of the case are that the Union of India acquired a huge piece of land in different villages, including villages Bhucho Khurd and Bhucho Kalan vide Notification dated 29.10.1976 issued under Section 4 of the Act for a public purpose. For that acquisition, respondent No. 2 made the award under Section 11 of the act on 21.3.1979. Feeling aggrieved against the said award, some of the aggrieved claimants/landlords sought reference under Section 18 of the Act for enhancement of the compensation. However, the petitioners did not seek any reference under Section 18 of the Act. The reference sought by some of the landowners was decided by the Additional District Judge, Bathinda in Mukhtiar Singh and another v. Union of India, vide his award dated 7.6.1991 and the compensation payable to the landowners was enhanced.

(3.) THE Union of India (respondent-herein) challenged the aforesaid award dated 30.3.1993 passed by the Special Land Acquisition Collector by filing C.W.P. No. 16199 of 1993 before this Court. One of the grounds in the aforesaid writ petition was that an appeal against the award dated 7.6.1991 passed by the Additional District Judge, Bathinda, filed by the Union of India for reduction of the amount of compensation was pending. After hearing the learned counsel for the parties, the said writ petition was dismissed by a Division Bench of this Court on 24.5.1994. However, the respondent-Union of India was granted a liberty to file another writ petition on the same cause of action in case the amount of compensation payable to the landowners is reduced in the aforesaid appeal. The operative part of the order dated 24.5.1994 passed in the aforesaid writ petition is reproduced as under :-