SADHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has assailed the order of the Land Acquisition Collector, Urban Estate Department, Panchkula contained in Memo No. B-E/E/P/90/A-4879, dated 21/08/1990, rejecting his application under S. 28-A of the Land Acquisition Act, 1894 (for short the Act) in this petition under Articles 226/227 of the Constitution of India. The facts: --

(2.) The petitioner was owner of 1/2 share in land measuring 19 kanals situate in village Patti Mehar, Had Bast No. 58, Tehsil and District Ambala and comprised in Khewat/ Khatauni Nos. 128/169, 151 /265, 414/599, 684/772 and Khasra Nos. 270, 273/269/1, 258/1/302/1 and 301/1. The land was acquired by the Govt. of Haryana vide notification dated 30/01/1973 issued under S. 4 of the Act. It was followed by a declaration under S. 6 of the Act issued vide notification dated 23/06/1973, The Land Acquisition Collector gave the award on 21/09/1973. The petitioner did not file an application under S.18 of the Act for making reference to the Land Acquisition Court. Other land-owner-claimants filed application for reference under S.18 of the Act, which was decided by the Land Acquisition Court on 29/04/1980. The award of the Land Acquisition Court was challenged in R.F.A. No.1642 of 1980 (Kharaiti Lal v. State of Haryana) and other connected appeals. The same were decided by this Court on 30/07/1992.

(3.) The petitioner moved application dated 26/11/1989 under S. 28-A of the Act as amended by Act No. 68 of 1984 for re-determination of the amount of compensation on the basis of the award of this Court. The application was declined by the Land Acquisition Collector vide order dt. 21/08/1990 on the ground that the petitioner ought to have availed his remedies in this Court.