HARMANT SINGH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) The petitioners seek revision of an order passed by the Additional District Judge, Gurgaon, declining to execute a land acquisition award to their benefit.

(2.) The petitioners were co-sharers in a small parcel of land situated in village Dundahera. The same was acquired by the Land Acquisition Collector, Gurgaon, by means of an award. Maru and other, a set of other co-sharers, sought reference under section 18 of the Land Acquisition Act, 1894 (for short, the Act) against the Collector's award. The Additional District Judge, Gurgaon, enhanced compensation vide award dated 20th April, 1982. On that basis, the petitioners filed an application for execution seeking their share out of the enhanced compensation on the ground of being co-sharers of the land acquired. They additionally mentioned in the application that the enhanced compensation had entirely been deposited by the state for payment to the landowners.

(3.) The application was resisted by the State of Haryana, as also by the Company for whose benefit the land had been acquired. The plea taken was that since the petitioners had not joined their co-sharers, Maru and others, making the application under section 18 of the Act, they stand debarred from claiming enhanced compensation on the mere circumstance that compensation had been enhanced in the case of Maru and others.