KAMLA Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) The question involved in this revision petition is as to whether a co-owner, whose land is acquired with the other co-owners, is entitled to the same enhanced compensation determined by the Civil Court, under Section 23 of the Land Acquisition Act, 1894?

(2.) In brief, vide notification dated 09.03.1995 under Section 4 of the Land Acquisition Act, 1894, land situated in village Daddu Majra in Chandigarh was acquired including the land of the petitioner. The Collector gave his award on 11.12.1995 assessing the compensation of the acquired land @ Rs. 3,00,000/- per acre. The land owners, who were not satisfied with the award of the Collector, preferred as many as 58 references under Section 18 of the Act, which were referred by the Collector to the Civil Court for adjudication and were decided by the Civil Court on 19.02.2001 assessing the market price of the land so acquired @ Rs. 5,36,000/- per acre, meaning thereby, there was an enhancement of Rs. 2,36,000/- per acre by the Civil Court over and above the compensation awarded by the Collector.

(3.) When Rachpal Singh, husband of the petitioner, filed execution in LAC No. 257, the petitioner also filed an application seeking the same compensation which was determined by the Civil Court in favour of her husband who had filed reference under Section 18 of the Act, but the Executing Court dismissed the application on the ground that the petitioner cannot claim the same compensation as the remedy lies with her to file her own reference under Section 18 or an application under Section 28A of the Act.