DALIP KAUR DIED Vs. UNION OF INDIA

JUDGEMENT

(1.) The request of the petitioners under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for re-determination of the amount of compensation on the basis of the award of the Court having been declined by the Land Acquisition Collector, they have approached this Court through the present writ petition for the quashing of the two orders copies of which have been produced as Annexures P.2 and P.3. A few facts may be noticed.

(2.) The Union of India issued a notification under S. 4 of the Act on 29/10/1976, for establishment of a cantonment. The land of the two petitioners was also acquired. It is averred that the Land Acquisition Collector made the award determining compensation payable to the land owners for the land acquired under the above mentioned notification. The petitioners being poor, did not make any application for reference of the matter to the Land Acquisition Court under S. 18 of the Act. However, certain land owners not only got the references made brut even went up to the Apex Court for enhancement of the compensation awarded to them. The case was decided by their Lordships of the Supreme Court vide orders dated 1/09/1986. Their Lordships were inter alia pleased to observe as under:-

(3.) The petitioners made applications for re-determination of the amount of compensation under S. 28-A on the basis of the above order of the Supreme Court. Their request was rejected vide orders dated 21/11/1990 on the ground that 'the judgment of the Supreme Court is not applicable in this case. In the Civil Appeals Nos. 3142-65 of 1986 and S.L.F. Nos. 6701-23/84 and 9667/84 the Hon"ble Supreme Court in last para has ordered that the compensation fixed in this case shall not be treated as a precedent for determination of compensation in other cases.' Aggrieved by these orders, the two petitioners have approached this Court through the present writ petition. Petitioner No. 1 having expired during the pendency of the petition, her legal representatives were ordered to be impleaded vide order dated 29/09/1992.