UNION OF INDIA Vs. GURDIAL SINGH

JUDGEMENT

(1.) THE Union of India has filed this petition under Article 226 of the Constitution of India for quashing the award dated 13.9.1990 (Annexure P-1) passed by the Special Land Acquisition Collector, Jalandhar in proceedings under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), re-determining the compensation payable to the land owners on the basis of the award dated 28.02.1989 passed by the Additional District Judge, Faridkot.

(2.) THE petitioner has challenged the aforesaid order on the ground that against the award passed by the Land Acquisition Collector, the respondent- Gurdial Singh had sought reference under Section 18 of the Act and the Additional District Judge, Faridkot vide its award dated 2.6.1979 partly enhanced the compensation. The respondent remained satisfied with the award and did not file any Regular First Appeal against the same in this Court. Later on, the reference of some of the land owners from the same acquisition were decided by the Additional District Judge, Faridkot vide award dated 28.2.1989, where by more compensation was awarded to those land owners. On the basis of the said award, the compensation was re-determined by the Land Acquisition Collector by the impugned order.

(3.) ON the other hand, counsel for the respondents has submitted that against the re-determination of compensation under Section 28-A of the Act, the petitioner has a remedy of seeking reference under sub-Section (3) of Section 28-A of the Act. In view of the said alternative remedy, the writ petition filed by the petitioner challenging the said order is not maintainable. Secondly, learned counsel argued that on separate applications filed by two land owners under Section 28-A of the Act (one by the petitioner and the other by Udham Singh etc.), the Land Acquisition Collector re-determined the compensation vide award dated 13.9.1990. In both the cases, land owners earlier sought references under Section 18 of the Act and got decided those references, and against both the orders, the Union of India filed two writ petitions, i.e. C.W.P. No. 1738 of 1992 and the instant petition. Both the petitions were admitted simultaneously. Learned counsel for the respondents has placed on record the copy of the order dated 5.5.2009 passed in C.W.P. No. 1738 of 1992, whereby the writ petition filed by the said petitioner against the similar order was dismissed by this Court while passing the following order :-