Bhag Singh and Others vs The State of Haryana and Others

Surya Kant, J.—The land of the petitioners within the revenue estate of village Khambhera, Tehsil Guhla, District Kaithal, was acquired vide Notifications dated 18th August, 2005 & 13th September, 2005, issued under Sections 4 & 6 of the Land Acquisition Act, 1894. The acquisition was made for the construction of BML Hansi-Butana Branches, Multi-Purpose Link Channel. The Award No. 10 was passed by the Land Acquisition Collector on 10th January, 2006. The petitioners did not file any reference u/s 18 of the Land Acquisition Act, but their co-owners availed that remedy. The learned Additional District Judge, Kaithal vide Award dated 24th July, 2010, enhanced the compensation to Rs. 6 lacs per acres.

The petitioners applied on 27th August, 2010 u/s 28A of the Land Acquisition Act, 1894 for enhancement of their compensation at the abovementioned rate. The Land Acquisition Collector kept their application pending to await the decision of Regular First Appeal filed by the State of Haryana and the co-owners against the above-mentioned Award dated 24th July, 2010 of the Additional District Judge, Kaithal.

It is not in dispute that the Regular First Appeals preferred by the land-owners have been allowed in part by this Court vide judgment dated May 01, 2012, enhancing the compensation of Rs. 6 lacs to 7 lacs per acres and appeals of the State have been dismissed.

Notwithstanding the abovstated further enhancement, the Land Acquisition Collector has passed the impugned order dated 07th June, 2013 awarding the same compensation to the petitioners as was determined by the Additional District Judge, Kaithal vide Award dated 24th July, 2010. In other words, the benefit of further enhancement granted to co-owners by this Court in Regular First Appeal has been denied to the petitioners. This action of the Land Acquisition Collector, in our considered view is contrary to the object and spirit of Section 28A of the Act. The expression "the Court" mentioned in Section 28A essentially includes the Superior Courts also. Once the compensation in the case of other owners has been enhanced by this Court, it is imperative upon to the Collector to award the same compensation to the petitioners while deciding their claims u/s 28A of the Act.

For the reasons aforestated, we allow this writ petition and modify the order dated June 07, 2013 passed by Land Acquisition Collector, Kaithal, and held that the petitioners are entitled to the compensation at the rate as has been awarded to other owners by this Court in RFA No. 1714 of 2009 and other connected appeals decided on May 01, 2012. The petitioners would obviously be entitled to other statutory benefits also. The amount of enhanced compensation shall be paid to them within a period of 2 months from the date of receipt of certified copy of this order.

Disposed of.