I THE STATE OF PUNJAB v.
RAGHBIR SINGH AND ORS.
I.cir
FEBRUARY 28, 1995
(K. RAMASWAMY AND B.L. HANSARIA, JJ.]
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Land Acquisition Act-Amendment Act 68 of 1984-Not applicable-Application for reference does not lie. After notification under s.4(1) of the Land Acquisition Act, the Collector made his award. The respondents did not seek any reference for the same as provided in S.18 of the Act.
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One of the claimants in the same notification appealed the High Court which enhanced his compensation. On the basis of that High Court judgment the respondents sought reference of the civil court. The Colector D dismissed the reference but the High Court in revision directed re-determination of the compensation. Allowing the appeal, this Court r~
HELD : The application for reference does not lie. The reference could be made only on the basis of the judgment of tht> Reference Court but within the limitation prescribed under the proviso of S.28A(l). In this case neither the application was filed within limitation nor immediately after the award of the District Court. Under these circumstances the Amendment Act 68 of 1984 cannot be applied and the High Court clearly committed error of law in allowing the revision. (378-E]
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Babua Ram and Others v. State of U.P. andAnr., JT (1994) 7 SC 377, applied. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3521 of 1995.
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From the Judgment and Order dated 14.8.92 of the Punjab and Haryana High Court in C.R. No. 885 of 1992. - G.K. Bansal for the Appellant.
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'R.K Talwar, Goodwin Ind~evar fo; the\ Respondents. ·.
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The follo\\ing Order of the Court was. delivered : '. The Notification under Section 4(1) was published on February+, 1981 for public purpose. The Collector made an award under Section 11 B on December 22,' 1983: The respondents did not seek for a"y reference under Section ·18. The High Court in the appeal filed by one of the. claimants. in the same notification by the judgment and decree .datecl Septemnber 10, 1990 enhanced the compensation at Rs. 1,75,000 per. acre. Thereon the respondents filed the application on January 2, 1991 under ·Section 28A seeking reference to the Civil Court on the basis of the c .judgment of the Higll eo'urt. The Collector dismissed the application on January 22, 1992. Thereon the responde;,ts filed revision in the High Coiirt. The High Coiirt in the impugned order dated August 14, 1992 allowed and . directed fe~detCnnination of the compens~tion, on the basis of the judg· ·· · .ment of th High Court dated Sept. 12, 1990. · ' . ' .. ' .. ,- ' . ' '. '
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The entire controversy is now covered by judgment of this Court in Babua Ram & Others v. State of U.P. &Anr., J.T. (1994) 7 SC 377. In view of the above judgment the necessary conclusion is that the application for reference does not lie. The reference could be made only' on the basis of the Judgment of the Reference Court but within the limitation prescribed . E . under the proviso.of Sec. 28A(l). hi this neither the application was filed within limitation nor iniinediately after the award of the Distnct - Court. Under these' circumstances tbC Amendment Act 68 of 1984 caiinot be applied and the High Court clearly committed error of law in allowing the i:evisioiL The apPealis allowed. The order of the High Court in C.R. F No. 88/1992 dated August 14, .1992 is set ~ide btit in the circumst~ces without costS. · . . ' · ease
A.G.
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Appeal allowed.
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