SHANTI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of direction to the respondents for disbursal of the enhanced compensation to the petitioners in lieu of the acquired land in terms of the order dated 12.02.2016 passed in RFA-564- 2014 titled Mahavir and others v. State of Haryana and another, whereby same amount of compensation has been granted @ Rs.42,62,625/- per acre.

(2.) State has resisted the said claim on technical grounds that under Section 28-A(3) of the Land Acquisition Act, 1894, an alternative remedy is provided, keeping in view the fact that respondent No.4, vide order dated 30.01.2015 (Annexure P-3) has granted a sum of Rs.14,24,996/- per acre, as granted by the Reference Court, for the land which was acquired of Village Asoudha Tohran.

(3.) The primary grievance of the petitioners, as such, is that the matters were pending before this Court and therefore, respondent No.4 should not have taken a call on the application under Section 28-A till the pendency of the litigation before the superior Courts. It is, now, pointed out that the judgment in Mahavir (supra) has been modified in CA- 015702-2017 arising out of SLP(C) No.16063 of 2016 titled Jag Mahender and another v. The State of Haryana and others, decided on 21.09.2017 and the amount of compensation has, now, been reduced to Rs.32,62,500/- per acre. Relevant portion of the judgment reads as under: