MEHAR SINGH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) In pursuance of notification published on December 11, 1970, under Section 36 of the Punjab Town Improvement Act, 1922 , which in substance is equivalent to Section 4 of the Land Acquisition Act, an extent of 45 acres of land located in the revenue estate of two villages, namely, village Kuliawal and Jamalpur Awana were acquired by the Ludhiana Town Improvement Trust for the expansion scheme. The lands of the petitioner measuring about 52 kanals comprised in Khata No. 13/13 bearing Killa No. 43/1-21-22, 44/45, 45-5-6, 15/1, 15/2, 46/1, 2, 9, 10, 11/1, 12/2, 11/2 were also acquired. The Land Acquisition Collector awarded Rs. 100 per marla to the petitioner. Under the same acquisition, another land belonging to one Karnail Singh was also acquired and he was also given compensation at the rate of Rs. 100 per marla. The petitioner asked for a reference to the Land Acquisition Tribunal, Ludhiana, under Section 18 of the Land Acquisition Act and a reference was made to it. The Land Acquisition Tribunal dismissed the same in Land Acquisition Case No. 50 of 1972, on August 21, 1974. A similar request for reference was made by Karnail Singh also and that was also referred to the Land Acquisition Tribunal. It appears that the cases were taken up on different dates by the Tribunal.

(2.) The petitioner filed a regular first appeal against the award of the Tribunal but that was also dismissed by the learned Single Judge on the ground that it is not maintainable. In the reference made at the instance of Karnail Singh, the Tribunal enhanced the compensation to Rs. 125 per marla by an order dated November 5, 1975. Again, on further appeal, this was enhanced to Rs. 250/- per marla. The said Karnail Singh seems to have taken up the matter in appeal to the High Court. The Single Judge dismissed the appeal. Thereafter, the said Karnail Singh filed Civil Writ Petition and that was accepted by this Court and by an order dated May 18, 1983, the cases were remanded for re-assessing compensation of the acquired land by taking its future potential into account. After the remand, the Tribunal enhanced compensation to Rs. 250/- per marla, by an order dated March 19, 1986. Thereafter, the petitioner filed an application before the Land Acquisition Collector purporting to be one under Section 28-A of the Land Acquisition (Amendment) Act, 1984 , praying that he also may be given compensation at the rate of Rs. 250 per marla as decided by the Tribunal in the case of Karnail Singh on the ground that both the lands were considered to be of equal value and the Land Acquisition Collector had awarded Rs. 100 per marla also for the Land of Karnail Singh, which has now been increased to Rs. 250 per marla. The Land Acquisition Collector dismissed this petition on the ground that Section 28-A is not applicable to the present case. He also mentioned that the petitioner has suppressed the fact that he asked for a reference to the Land Acquisition Tribunal and on a reference made his claim petition was dismissed confirming the award of Rs. 100 per marla. It is at this stage that the present writ petition has been filed praying for quashing the order of the Land Acquisition Collector, Ludhiana and directing for the grant of benefit under Section 28-A and awarding Rs. 250 per marla as decided in the case of Karnail Singh.

(3.) The learned counsel contended that Section 28-A is applicable to the facts and circumstances of this case. Section 28-A reads as follows :-