- (1.)The above appeal has been filed against the order of a Division Bench of Punjab and Haryana High Court dated 20-11-1987 in Civil Writ Petition No. 8442 of 1987, summarily dismissing the writ petition filed by the appellant challenging the order of the Land Acquisition Collector, Improvement Trust, Jullundur dated 14-7-1986 made in the purported exercise of powers under Section 28-A of the Land Acquisition Act, 1894, as amended by the Amending Act of 1984. The lands in question were notified for acquisition and after observing the due formalities, the Land Acquisition Collector passed an award No. 3 of 1978 on 21-12-1978 and possession of the lands were also taken on 1-2-1979. The 4th respondent herein has sought for reference under Section 18 of the Land Acquisition Act for determining the enhanced compensation by a request made on 11-5-1983 as a consequence of which a reference came to be made on 1-6-1983 to the Land Acquisition Tribunal constituted under the Improvement Trust Act. It is at that stage, on an application made by the four children of respondent No. 4, they were added as petitioners 2 to 5 in the land reference case which was originally, as indicated above, referred at the instance of the 4th respondent.
(2.)After considering the claims of the respective parties, the Land Acquisition Tribunal, on 5-2-1986 held that the reference made to it, so far as the 4th respondent was concerned could not be maintained since in the view of the Tribunal it was barred by limitation. The Tribunal was also of the view that though she had sufficient knowledge of the award in time, she did not make the claim for reference within the time stipulated therefor under Section 18. So far as the children of 4th respondent who have been subsequently impleaded as petitioners 2 to 5 to the reference are concerned, their claims for enhancement has been upheld and enhanced compensation, as indicated in the award dated 5-2-1986, came to be awarded by the Tribunal in their favour. At that stage and taking advantage of the enhancement granted in favour of those persons, the 4th respondent filed an application on 26-5-1986 purporting to invoke the powers under Section 28-A of the Land Acquisition Act, 1894 seeking for redeter-mination of her compensation overruling the objections of the appellant, the Land Acquisition Collector on 14-3-1986 ordered enhanced compensation to her also with all the benefits that have been granted to petitioners 2 to 5 in the award dated 5-2-1986. It is on rejection of the challenge to the determination, by the High Court, as noticed above, the present appeal has been filed.
(3.)Heard Mr. Bagga learned Senior Counsel for the appellant and Mr. S. M. Sarin, learned Counsel for the 4th respondent.