LAWS(P&H)-1997-2-48

BAKSHI RAM JAIN Vs. STATE OF HARYANA

Decided On February 07, 1997
BAKSHI RAM JAIN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS , order will dispose of all the four appeals arising out of an order of learned Single Judge dated December 6, 1984 declining the reference Under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'act') inter alia on the ground that the compensation was received by the claimants-appellants without protest.

(2.) EXPURGATED version of the claimants run thus: 124 Kanals 15 Marias of land was acquired for the Housing Colony to be constructed by the Municipal Committee within the Municipal limits of Dadri vide Notification dated 6. 11. 1975 issued Under Section 4. of the Act. By an order dated June 2,1976 the Land Acquisition Collector determined the compensation with respect of the acquired land at the following rates;

(3.) LEARNED Counsel for the appellants vehemently contended that the finding of the learned Single Judge that the awarded compensation was received by the claimants without protest cannot be sustained. The Counsel further contended that there is so specific procedure for lodging the protest while accepting the compensation. The claimants-appellants had lodged the protest. The statements of the appellants are reliably supported by the factual and circumstantial evidence. In support of his arguments, learned Counsel for the appellants upon Ajit Singh and Ors. v. State of Punjab and Ors. , (1994-2)107 P. L. R. 416 (SC.), Lachhman Dass v. State of Himachml Pradesh, (1988-2)94 P. L. R. 375, Rattan Singh v. State of Haryana, (1994-1)106 P. L. R. 136, and Ajmer Singh and Ors. v. The State of Punjab, 1984, PLJ 325.