UNION OF INDIA Vs. GANDA SINGH AND OTHERS

JUDGEMENT

(1.) THIS order will also dispose of Civil Misc. No. 388/1988. In L.P.A. No. 1200 of 1982 as the material facts and questions of law raised in both these applications are common. The factual matrix is taken from Civil Misc. No. 387/1988.

(2.) A notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was published on October 29, 1976, with respect to the acquisition of the land of the applicants. After the award of the Collector, the applicants preferred claim petition under Section 18 of the Act which was disposed of by the Additional District Judge on March 28, 1979 and by this Court on March 23, 1982. The Union of India preferred Letters Patent Appeal against the judgment dated March 23, 1982. which was dismissed summarily on September 15, 1982.

(3.) THE applicants claim that their lands in village Phus Mandi and the land of the village Bathinda and phus Mandi relating to which the Supreme Court, vide its order dated July 24, 1987, assessed the value, were acquired under the same notification though the Collector gave two different awards and consequently two different awards were given by the High Court, one relating to the lands of the applicants and the other relating to the persons in whose case the amount was assessed by the Supreme Court The value of the lands is said to be the same as the lands were identical. A further prayer for a consequential relief of solatium and interest in view of the amended provisions on the assessed market value was made