H.P. HOUSING BOARD Vs. RAM KARAN

JUDGEMENT

(1.) THE appellant, beneficiary of the acquisition proceedings, is aggrieved with the order dated 21.5.2003 passed by the Additional District Judge, Solan, H.P. in Petition No. 1 -S/4 of 2000 titled as H.P. Housing Board v. Ram Karan and Ors. for the reasons that its application filed under Section 28 -A(3) read with Section 18(2) -A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') stands dismissed.

(2.) PRIMARILY , the question which arises for consideration before this Court is as to whether the beneficiary's application under Section 28 -A(3) of the Act, in effect being restitution proceedings, is maintainable or not and as to whether the claimants who have received the amount pursuant to an Award passed under Section 28 -A are entitled to retain the amount received in excess of the final determination of the market value in an appeal under Section 54 of the Act or Article 136 of the Constitution of India.

(3.) IT appears that different land owners filed different land reference petitions under Section 18 of the Act and different rates were awarded in different awards.