MANJIT SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) The instant petition is directed against order dated 30-7-1984, passed by the learned Executing Court-cum-Additional District Judge, Gurdaspur. The claim of the petitioners with regard to payment of enhanced compensation has been declined on the ground that reference under Section 18 of the Land Acquisition Act, 1894 (for brevity, 'the Act') claiming higher compensation had not been made with respect to the entire 1 /5th share of the land measuring 4 acres 4 Kanals and 19 (Marias). It has been held that in fact reference has been made only in respect of land measuring 2 Kanals 9 Marias - the share of the petitioners Manjit Singh and Amarjit Singh sons of Assa Singh in 1/5 share of the total land. It has, therefore, been concluded that no reference has been made in respect of the share in I/5th share of the total land pertaining to their four sisters, namely, Mohinder Kaur, Gurdeep Kaur, Pritam Kaur and Guddi alias Gurmeet Kaur. Feeling aggrieved by the aforementioned order, the petitioners have approached this Court by way of this petition.

(2.) Brief facts of the case are that a notification under Section 4 of the Act was issued on 19-1-1977. The Collector announced the award on 29-3-1977. Compensation in respect of the 1 /5th share of land of Assa Singh i.e. father of the petitioners to the extent of 7 Kanals 7-4/5 Marias, which included the share of four sisters, namely, Mohinder Kaur, Gurdeep Kaur, Pritam Kaur and Guddi alias Gurmeet Kaur, was given to the petitioners. Thereafter, an application under Section 18 of the Act was filed by the petitioners for enhancement of compensation. The application bearing Land Acquisition Act No. 283 was instituted on 27-7-1978, which is Annexure P-1 with C.M. No. 7183-CII of 2004. In Para 4 of the application, the following averments have been made :-

(3.) In reply to Para 4 of the application, the factum of share of the sisters has not been disputed by the respondents and the same reads as under :-