ATTAR SINGH PATHANIA Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) GRIEVANCE of the petitioner in this writ petition is that the Land Acquisition Collector unilaterally refunded an amount of Rs.28,92,948/- to the State holding that the said amount was not payable to the petitioner herein, who was claimant before the Collector.

(2.) IT is undisputed before us that these acquisition proceedings were the subject matter of RFA No.204 of 2002 which was disposed of by Hon'ble Mr. Justice Kuldip Singh, J. by a detailed judgment dated 18th November, 2010. Copy of the judgment has been placed on the record of the case. His Lordship while disposing of the appeal, was pleased to direct that interest would be payable to the claimant from the date of notification under Section 4 of the Act and the rate of the acquired land was enhanced to Rs.72,600/- per bigha. The award having attained finality, the only course open to the petitioner herein is to initiate execution proceedings to recover the amount due to him.

(3.) LEARNED counsel appearing for the appellant has drawn our attention to the judgment of Supreme Court in R.L. Jain (D) by Lrs. Versus DDA and others, (2004)4 SCC 79 holding: