DALIP KUMAR 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 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 October 29, 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 but 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 September 1, 1986. Their Lordships were inter alia pleased to observe as under :- "we think that the ends of justice require that compensation shall be awarded to the appellants at the rate of Rs. 17/- per sq. yard up to the depth of 500 metres of the acquired land and at the rate of Rs. 10/- sq. yard beyond the depth of 500 metres. We may point out that the compensation fixed in this case shall not be treated as a precedent for determination of compensation in other cases. The consequential payments will also be made on the basis of this rate of compensation. The appeal is disposed of in these terms with no order as to costs. "

(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 November 21, 1990 on the ground that