Kahan Singh vs Union of India

Ashok Bhan, J. (Oral)

Union of India acquired 1850 Acres of land situated in the revenue estate of Village Faridkot in District Faridkot by issuing notification under Section 4 of the Land Acquisition Act. Notification, under Section 6 was issued on 27th of August 1974. Special Land Acquisition Collector gave his award on 28th May, 1975.

Petitioner had settled in the land comprising Khasra No. 5963/1 measuring 6 Kanals 5 Marlas which belonged to Assa Singh, Hakam Singh, Hardial Singh, Baldev Singh, Surjan Singh S/o Lal Singh and in whose hands the land in dispute had been declared to be surplus. Since Assa Singh etc had been recorded in the column of owners and the petitioner as a settled tenant in the column of possession in the jamabandis, the compensation award by the Special Land Acquisition Collector on 28th May, 1975 was paid to Assa Singh etc. Mutation regarding ownership was sanctioned in favour of the petitioner on 19th June 1975.

Assa Singh etc. did not file any application under the Land Acquisition Act (hereinafter referred to as the Act) for enhancement of compensation to the District Judge. Some other claimants filed applications for enhancement of compensation of the land which was acquired under the same notification Additional District Judge, Faridkot vide his orders dated 28.2.1989 in land reference No. 2 of 1982 enhanced the compensation.

On 24.4.1989, the petitioner filed an application under Section 28A before the Special Land Acquisition Collector for redetermination of the amount of compensation on the basis of the award of the Additional District Judge dated 28.2.1989. This application was rejected by the Special Land Acquisition Collector on the ground that the petitioner had not been paid the amount of compensation assessed by Special Land Acquisition Collector on 28th May, 1989 for the land comprising Khasra No. 5963/1 measuring 6 Kanals 5 Marlas therefore, he is not entitled to get the same redetermined under the provisions of Section 28A of the Act on the basis of the award dated 28.2.1989 given by the Additional District Judge. Being aggrieved the petitioner has filed the present petition. Section 28A of the Act reads as under:

28A. Redetermination of the amount of compensation on the basis of the award of the Court (1) Where in an award under this part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 11, the persons interested in all the other land covered by the same notification under Section 4, SubSection (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under Section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be redetermined on the basis of the amount of compensation awarded by the Court:

Provided that in computing the period of three months within which an application to the Collector shall be made under this subsection, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.

(2) The Collector shall, on receipt of an application under subsection (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard and make an award determining the amount of compensation payable to the applicants.

(3) Any person who has not accepted the award under subsection (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court and the provisions of Section 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under Section 18."

I have heard learned counsel for the parties at length. According to the entries in the Jamabandi for the year 196970, the petitioner is shown to be in cultivating possession of the land in dispute. The ownership of the land comprising Khasra No. 5963/1 measuring 6 Kanals 5 Marlas was changed from the provincial Government to the name of the petitioner vide mutation No. 2459 decided an 19th June, 1975, and therefore, became a person interested to get the amount of compensation redetermined on the basis of the award of the Court dated 28.2.1989 in terms of Section 28A of the Act. Counsel for the petitioner has specifically stated that he shall not lay any claim against the Union of India for the compensation which has already been paid to Assa Singh etc. in terms of the award given by the Special Land Acquisition Collector dated 28th May, 1975 and that he would only be entitled to the redetermined of the amount of compensation in terms of the award of the Court dated 28.2.1989 for enhanced compensation qua 6 Kanals 5 Marlas of land comprising in Khasra No. 5963/1.

The Special Land Acquisition Collector has clearly erred in rejecting the application filed by the petitioner under Section 28A of the Act on the ground that it was not maintainable. The application was maintainable on behalf of the petitioner, being a person interested as owner for compensation in the land in dispute. The impugned order of the Special Land Acquisition Collector is set aside. This revision petition is allowed. Parties through their counsel are directed to appear before the Land Acquisition Collector on 20.4.1991. The Special Land Acquisition Collector shall entertain the application and decide the case on merits, redetermine the compensation under Section 28A in terms of the award of the Court dated 28.2.1989 and pay the amount to the petitioner if found entitled to. Special Land Acquisition Collector is further directed to dispose of the application under Section 28A finally within a period of six months from the date of receipt of this order. No costs.