NANHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of CWP Nos.451, 33431, 33437 and 33453 of 2018 as common questions of law are involved. The facts are being taken from CWP No.451 of 2018 as pleadings are complete in this case.

(2.) The present writ petition under Articles 226/227 of the Constitution of India challenges the order dated 20.07.2017 (P6) vide which respondent No.2 has dismissed the second application under Section 28-A of the Land Acquisition Act, 1894. The land in question situated in village Kheri Masania, Tehsil Narwana, District Jind was acquired for construction of Barsola Minor (Feeder), Ram Kali Minor and Kalva Kulana Drain vide notification under Section 4 dated 23.12.1997 and the award was announced on 23.07.1998.

(3.) The ground for dismissal mainly is that the second application is not maintainable since on an earlier occasion on 19.11.2008 (P3) the petitioner has got the benefit of enhancement as per the compensation awarded by the Reference Court on 24.01.2006 amounting to Rs.3 lakhs. As per the counsel, it was an application under Section 28-A(3). The reasoning which is given by respondent No.2 on the face of it does not as such suffer from any infirmity even though counsel for the petitioner has relied upon the judgment in case of 'Bharatsing v. The State of Maharashtra and others, (2018) 11 SCC 92' in which itself it has been held that second application is not maintainable keeping in view the law laid down on an earlier occasion in Union of India and Anr. vs. Pradeep Kumari and Ors. (1995) 2 SCC 736.