KAMLA Vs. COLLECTOR LAND ACQUISITION, REASI

JUDGEMENT

(1.) THESE four revision petitions are the out come of order dated 22nd September 2005 passed by Additional District Judge, Reasi whereby four Miscellaneous petitions viz., 36 -Misc titled Punna Vs. Collector Land Acquisition, 37 -Misc. entitled Kamla Vs. Collector Land Acquisition, 38 -Misc. entitled Gian Chand Vs. Collector Land Acquisition and 39 -Misc. entitled Collector Land Acquisition came to dismissed.

(2.) IT appears that land measuring 767 Kanals 8 marlas, situated at village Homina (Salal) Tehsil Reasi came to be acquired by the concerned department and award came to be passed by the Collector vide order dated 24th June, 1983. Some of the award holders -land holders feeling aggrieved, made an application under section 18 of the Land Acquisition Act (hereinafter referred to as the Act) for enhancement of compensation. Collector made a reference to the District Judge, Udhampur -Court of reference, which came to be allowed by enhancing compensation in favour of the applicants.

(3.) IT also appears that the Collector -department had preferred an appeal before this Court which came to be dismissed. Feeling aggrieved, a SLP came to be preferred, which came to be dismissed. The said applicants moved an execution petition. During the pendency of Execution petition, the petitioners herein moved the four miscellaneous applications titled above, for release of enhanced compensation on the ground that a joint application was made by the villagers and the applicants were the co -owners/co -sharers. The reference Court dismissed the application vide impugned order on the ground that the petitioners had not moved application in terms of Section 18 of the Act.