CHANKARI Vs. LAC

JUDGEMENT

(1.) THESE four writ petitions have been taken up together as a common point of law is involved. The petitioners have approached this Court seeking directions to the respondents to decide the application moved by them under Section 28-A of the Land Acquisition Act, 1894.

(2.) THE petitioners allege that the land in their ownership and possession alongwith proforma respondent(s) in village Jhakri, Tehsil Rampur Bushahar, District Shimla, was required by respondent No.2 for the purpose of building a residential colony for the employees of respondent No.2. It was acquired under the provisions of the Land Acquisition Act, 1894. Award No.10 of 1991 and supplementary Award No.17 of 1991 were passed by the Collector. The petitioner(s) further allege that since a large tract of land was acquired, number of villagers were affected. Reference Petitions under Section 18 of the Act were filed before the learned District Judge, Rampur, but the petitioners did not file any application under section 18 of the Land Acquisition Act on determination of the amount by the Reference Court. Petitions under section 28-A of the Act was filed before respondent No.1 for re-determination of the amount of compensation payable to them. The basis for the applications was the judgement and award dated 28.2.1997 made by the learned District Judge, Rampur, in the matter of Asha Ram Vs. state of H.P.

(3.) THE learned counsel for the respondents has relied upon the judgement of the Supreme Court in State of Maharashtra Vs. Manakchand Pyarmal and others, (1996) 1 SCC 297, wherein their Lordships of the Supreme court have held that when the subject matter of appeal is pending decision in the High Court, proper course is to keep the reference application made under Section 28-A(1) pending till disposal of the appeal in the High Court. The direction issued by their Lordship is reproduced hereunder:-