JUSTICE D.K. MAHAJAN AND OTHERS Vs. THE UNION OF INDIA, THROUGH THE SECRETARY TO GOVT. OF INDIA, AND ANOTHER

JUDGEMENT

(1.) IDENTITY of legal issue raised and similarity of facts involved in Civil Writ Petitions Nos. 4726 of 1984 and 3820, 4942 and 5150 of 1985 invite a common determination and judgment.

(2.) A broad -brush factual backdrop of C.W.P. No. 4726 of 1984 will help illumine the contours of the pristinely legal controversy.

(3.) ONE Shri Inder Singh, resident of village Mamon, tehsil Pathankot made an execution application in the Court of the Additional District Judge, Gurdaspur praying for enhanced compensation at the rate of Rs. 200/ - per marla as determined by the learned Single Judge in F. A. O. No. 39 of 1978. Shri Inder Singh had been awarded compensation at the rate of Rs 50/ - per marla by the arbitrator. Shri Inder Singh had not filed appeal against the award of the Arbitrator. On receipt of notice of this application, Respondent deposited com -pensation to be paid to Shri Inder Singh at the rate of Rs. 200/ - per Marla. The Additional District Judge paid this compensation to Shri Inder Singh. The Respondents, however, declined to pay the Petitioners compensation for their lands at the enhanced rate of Rs. 200/ - per Marla. The Petitioners in these writ petitions contend that this action of the Respondents in not paying to them compensation at the enhanced rate of Rs. 200/ - per Marla is discriminatory. They seek the modification of the award of the arbitrator and pray that the Respondents be directed to pay the Petitioners enhanced amount of compensation at the rate determined by the learned Single Judge in F.A.O. No. 39 of 1978.