UNION OF INDIA Vs. DHANNO S PREM SINGH

JUDGEMENT

(1.) This appeal is directed against the order of the District Judge, Chandigarh, dated August 4, 1986, whereby the compensation for the land acquired has been enhanced on a review petition under Order 17 Rule 1 read with Section 151, Code of Civil Procedure, for review of the order dated January 28, 1980.

(2.) Land measuring 54.37 acres was acquired in pursuance of the notification under Section 4 of the Land Acquisition Act, 1894 , (hereinafter called the Act) dated March 30, 1976. The Collector gave the award on March 2, 1978. The respondents were the claimants and are owners of the land measuring 27 kanals 6 marls out of the land acquired. They claimed reference under Section 18 of the Act. The learned District Judge vide order dated January 28, 1980, enhanced the amount of compensation to Rs. 33,600/- per acre. The other claimants whose land was also acquired by the same notification, also claimed reference under Section 18 of the Act. The reference claimed by Jagdev Singh, claimant, was decided by the District Judge on December 5, 1985, whereby the compensation was enhanced to Rs. 75000/- per acre. The respondents-claimants filed the review application dated April 4, 1986, claiming enhanced compensation in view of the above-said order of the District Judge dated December 5, 1985, in view of the provisions of Section 28-A of the Act, as inserted by Act No. 68 of 1984. The said application was contested on behalf of the Union of India. The learned District Judge accepted the review application and enhanced the amount of compensation as claimed by the claimants in the review application in view of Section 28-A of the Act. Dissatisfied with the same, the Union of India has filed this appeal in this Court.

(3.) The learned counsel for the appellant submitted that Section 28-A could not be invoked by the claimants-respondents in view of the Supreme Court judgment in Mewa Ram v. State of Haryana, 1986 RevLR 488. He also cited the decision of this Court in Civil Writ Petition No. 4726 of 1986 (Justice D.K. Mahajan v. The Union of India, 1987 RRR 190), decided on March 19, 1987. On the other hand, the learned counsel for the claimants submitted that even if Section 23-A of the Act as such is not attracted, even then, the claimants were entitled to the enhanced compensation because the land was acquired by one notification and there could be no discrimination between the claimants. In support of the contention, the learned counsel relied upon a Single Bench decision of this Court in Civil Revision Petition No. 1343 of 1983 (Vinay Kumar Kapur v. The State of Haryana), decided on May 23, 1983. The learned counsel also referred to the Supreme Court decision in Bhag Singh v. Union Territory of Chandigarh, 1985 AIR(SC) 1576.