BISHAN DASS Vs. PUNJAB STATE

JUDGEMENT

(1.) The land belonging to Bishan Dass, predecessor-in- interest of the applicants, was acquired by the State of Punjab. Bishan Dass being dissatisfied with the amount of compensation awarded by the Collector made a reference under section 18 of the Land Acquisition Act (for short the 'Act') to the District Judge, Hoshiarpur. The learned Additional District Judge vide his award dated 5.4.1983 enhanced the amount of compensation payable for the land acquired and also granted solatium and interest at the rate of 15 per cent and 5 per cent per annum, respectively, as provided under the unamended Act. The present applicants thereafter filed an application on 7th December, 1990 purporting to be under Sections 151, 152 and 1.53 of the Code of Civil Procedure for modification of the award to claim enhanced solatium and the additional amount provided under section 23-IA of the Act. The basis of the claim made by the applicants was that under section 30 of the amended Act they were entitled to the benefits above mentioned. The application was opposed by the State counsel and it was urged that the applicants has earlier filed a similar application which had been dismissed on 30th May 1987 and, secondly that the present application was also barred by time. The Additional District Judge framed the following issues:

(2.) Mr. Salil Sagar, learned counsel for the petitioners, has argued that it has been held by a Division Bench of this Court in Matu Ram v. Union Territory of Chandigarh, 1988 1 RRR 182that it was not necessary for a person whose land had been acquired and against whom an award had been made and no other proceedings pending in any court or forum to have the award reviewed in case he wished to get the benefits of the amended Act. He has urged that it was the duty of the court before whom an application was made to discharge its statutory obligation so as to ensure that the compensation as provided by the Act, was made available to a person whose land had been acquired.

(3.) Mr. N.S. Boparai, learned Assistant Advocate-General, for the State of Punjab has, however, sought to support the impugned order on the basis of the reasoning adopted by the Additional District Judge.