KAUSHALYA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Four plots belonging to the petitioner were acquired by the State of Punjab. A sum of Rs. 732.32 paise was paid through a voucher received by the petitioner on 27.1.1981. The petitioner, who is owner of the land, wanted adequate compensation by way of enhancement. The petitioner Smt. Kaushalya Devi, who is a lady was called by the Land Acquisition Collector and was asked to produce the proof that she accepted the aforesaid compensation under protest and also to prove that the reference under Section 18 of the Land Acquisition Act was filed within time.

(2.) However, the petitioner was never conveyed that her application for making the reference to the District Judge concerned was declined on 11.5.1981. By now the compensation for the land of other persons must have been increased but the petitioner has been deprived of the same. Every person whose land stands acquired and the Government takes possession thereof has a inherent right to get the enhanced compensation if the competent Court wants to increase the same. There has been a grave error of law committed by the Land Acquisition Collector in the case in hand that he wrongly ordered that the reference was time barred or that the petitioner was not able to furnish the proof of her having accepted the amount under protest. It has been mentioned in the grounds of revision that the petitioner had purchased these plots by registered sale deeds in the year 1962. It is claimed that the price given to the petitioner by way of compensation by the Land Acquisition Collector was far less than the prevalent rate of land at the time of acquisition. Looking to the entire circumstances, it is unfortunate that a lady has been deprived to get enhanced compensation. Prima facie the order of the Land Acquisition Collector is illegal. The same is quashed and the revision petition is allowed. The Land Acquisition Collector is directed to send the reference to the District Judge concerned immediately.