PUNJAB STATE Vs. NANGAL NIKKU

JUDGEMENT

(1.) After hearing learned counsel for the parties and having regard to the averments made in the Civil Misc. application under Section 5 of the Limitation Act for condonation of delay, the same is allowed and delay in filing the present revision is condoned.

(2.) Land was notified for acquisition by issuing notification under Section 4 of the Land Acquisition Act (for short 'the Act') on 1.7.1977 for public purpose, namely, for Anandpur Sahib Hydel Project. Notification under Section 6 of the Act was also issued in due course. The Collector ultimately gave his award on 11.8.1978. Some of the claimants sought references under Section 18 of the Act. The references were answered by the learned Addl. District Judge by award dated 2.12.1989. Compensation was enhanced by the learned Addl. District Judge. Thereafter the respondent-landowners moved an application under Section 28-A on 31.1.1990/1.2.1990 with a prayer that the amount of compensation awarded in their favour be re-determined and paid accordingly as per the award of the Court in Col. Rukman Singh's case as they had not moved the Collector under Section 18 of the Act.

(3.) Learned Collector considered the request of the claimants and after notice to the beneficiaries and the State of Punjab, redetermined compensation and ordered its payment by his order dated 8.9.1992.