LAWS(P&H)-1989-3-120

CHAMPA AND ORS. Vs. STATE OF HARYANA

Decided On March 03, 1989
Champa And Ors. Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS order will also dispose of Civil Revision No. 372 of 1983 as well, as the question involved is common in both the cases.

(2.) THE Haryana Government, - -vide Notification, dated 17th October, 1978 acquired the land situated within the municipal limit of Karnal for which the Land Acquisition Collector gave its award on 2nd June, 1982. Hari Singh, Shamsher Singh, Lal Singh, sons of Fatta filed a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act) which was ultimately accepted by the Additional District Judge, Karnal, - -vide order, dated 1st May, 1987 and awarded compensation at the rate of Rs. 30 per square yard alongwith solatium and interest as provided under the law. The Petitioners claimed themselves to be the owners in possession of the land but did not file any reference under Section 18 of the Act. They however, invoked the jurisdiction of the executing Court by way of filing the applications with a prayer that they be also given the benefit of the enhanced compensation being co -sharers in the same land. The said application has been dismissed by the executing Court, - -vide impugned order, dated 4th September, 1987 on the ground that the land in question was acquired on 17th October, 1978 and the award was rendered by the Land Acquisition Collector on 2nd June, 1982 while the present application has been filed on 22nd May, 1987. The position of law, emanating from various provisions namely Section 18, 18 -A, 19, 20 and 28 A of the Act, is that the application as such was not maintainable under Section 151 Code of Civil Procedure

(3.) ADMITTEDLY , there was no statutory provision that the co -sharers are the persons whose land was acquired under the same notification are entitled to the enhanced compensation which the other claimants are awarded. In the Land Acquisition Act, as amended, Section 28 -A was added and it was provided therein as under: