SWARAN PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners belong to Village Udarsi, District Kurukshetra. A portion of their land was acquired by the State of Haryana vide Gazette Notification No. 8678/1-L/l-L/pt-III/syl dated 2. 7. 1976 and the compensation was paid to them. The petitioners did not claim any reference u/s 18 of the Land Acquisition Act (hereinafter referred to as the Act ). Land was also acquired in Village Mirzapur vide Gazette Notification No. 8682/il/pa-III/syl dated 2. 7. 1976. The claimants of Village Mirzapur filed references U/s 18 of the Act and increase in the price of the land was granted to the residents of Village Mirzapur by the District Judge u/s 18 of the Act and further in appeal by the High Court.

(2.) THE petitioners filed an application u/s 28-A of the Act claiming re-determination of compensation on the basis of the award of the Court given in notification with regard to Vill. Mirzapur. This application was rejected by the Land Acquisition Collector by observing that the land of the petitioners had not been acquired under the same notification and, therefore, the application u/s 28-A of the Act was not maintainable.

(3.) A plain reading of the Section would indicate that the Court has to grant increase of the price only if the land of the applicant and the other land in which the increase has been granted, are covered by the same notification. Admittedly, the petitioner's land is not covered by the same notification. The words of the statute are absolute in terms and have to be interpreted as such. The application filed by the petitioner U/s 28-A of the Act was misconceived as the land was not covered by the same notification in which the increase of price had been granted by the Court. The learned counsel for the petitioners further argued that the Land Acquisition Collector should have referred his dispute under Sub-section (3) of Section 28-A to the Collector for re-determination of the compensation amount. I do not find any force in this submission as well. Section 28-A would be applicable if the land is covered by the same notification. Sub-section (3) has to be read in conjunction of Sub-sections (1) and (2) of Section 28-A. Sub-section (2) says that the Collector shall, on receipt of an application under Sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard and make an award determining the amount of compensation payable to the applicants. Sub-section (3) says that any person who has not accepted the award under Sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court and the provisions of Sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under Section 18. Sub-section (3) of Section 28-A would come into operation only if Sub-section (3) of Section 28-A would come into operation only if Sub-Sections (1) and (2) are applicable, and not otherwise. Since the application filed by the petitioners u/s 28-A was not maintainable, the petitioners could not claim reference to the Court under Sub-section (3) of Section 28-A. Dismissed no costs. .