FURKAN ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner herein filed an execution on the ground that the land measuring 42 kanals situated in the revenue estate of village Garhi Gujran was acquired by the judgment-debtors by notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) on 19th of April, 2005 and thereafter award No. 15 (Exhibit P-11) was passed on 17.4.1995.

(2.) THE case of the petitioner was that the land by way of award No. 15 was acquired from Khewat Nos. 4/35, 4/30 and 11/48 in which the present petitioner along with others was also a co-sharer. The other co-sharers of the land had filed objections under Section 18 of the Act and the case was referred to the Court of Shri V.S. Malik, the then Additional District Judge, Jagadhari for adjudication and the same was decided on 27.01.1998 vide consolidated judgment in LAC No. 133 of 1996 titled as "Man Singh v. State of Haryana etc.,", by virtue of which the rate of acquired land was enhanced to Rs. 2,80,000/- per acre for whole of the acquired land. In addition thereto, statutory benefits under Sections 23(1-A) and 28 of the Act were also provided to the land holders. It was claimed by the petitioner that he was also entitled to the same benefits.

(3.) THE learned executing (Court) has dismissed the application by holding that the petitioners have filed objections against award No. 15-A which were dismissed. It was further held that the petitioners were not entitled to claim the benefit as they had failed to explain as to why they did not prefer the objections/reference under Section 18 of the Act against award No. 15. Accordingly, by holding that once the objections against award No. 15-A were dismissed and the petitioners have failed to avail the remedy under Section 28 of the Act, they were not entitled to maintain the present execution application.