PUNJAB STATE Vs. AJAIB SINGH

JUDGEMENT

(1.) In this application Section 151 C.P.C. in R.F.A. No. 1199 of 1979 which already stands disposed of vide order dated 4.6.1981, a prayer has been made by the applicant that he should be allowed the compensation at the flat rate of Rs. 4500/- per bigha on the basis of an award of the Additional District Judge, Bhatinda dated 14.5.1984 wherein some other claimants were awarded the same amount. The applicant also seeks benefit of Amended Act No. 68 of 1984.

(2.) This application has to be dismissed firstly on the ground that RFA No. 1199 of 1979 in which this application has been filed already stands decided on 4.6.1981 by this court. Thus, this application is not maintainable.

(3.) Secondly, it is an admitted fact that the applicant had filed a reference under Section 18 of the Act which was referred to the learned District Judge, Bathinda, who ultimately gave his award on 18.11.78. The applicant cannot avail of the benefits awarded under the Amended Act No. 68 of 1984 as the award was rendered in his case by the Collector on 30.10.1975 and by the District Judge on 18. 11.78 in view of the authoritative pronouncement of the Supreme Court in K.S. Paripoornan v. State of Kerala, 1995 1 RRR 40. It has been so held in K.S. Paripoornan's case that benefit of Section 23(1-A) is available only where the reference was pending on 24.9.84 before the reference Court. The Court cannot give retrospective effect by giving benefit of Section 23(1-A) in the cases, in which reference Court had passed its award before 24.9.1984. Consequently, this application is dismissed.