V.M.JAIN,J - (1.) THIS order shall dispose of the petition under Article 227 of the Constitution of India filed by the petitioners for setting-aside the order dated 28.11.1991 copy Annexure P-3, passed by the Land Acquisition Collector.
(2.) THE facts which are relevant for the decision of the present revision petition are that the land of the petitioners was acquired by the State Government for the Food Corporation of India, vide notification dated 22.3.1979 under Section 4 of the Land Acquisition Act (for short, "the Act") and that the Collector had awarded the compensation at the rate of Rs. 28,000/- (Rs. 8,000/- ?) per acre which amount was enhanced by the Additional District Judge to Rs. 17,000/- per bigha in the reference under Section 18 of the Act. Some other persons, whose land had also been acquired, filed R.F.A. No. 1705 of 1984 in the High Court and the High Court enhanced the amount to Rs. 19,000/- per bigha. It was alleged that later on, the petitioners filed an application under Section 28-A of the Act before the Land Acquisition Collector for re-determination of the compensation. The said application was contested by the Food Corporation of India. Thereafter, the Land Acquisition Collector, vide order dated 28.11.1991, copy Annexure P-3, dismissed the said application of the petitioners. Aggrieved against this order of the Land Acquisition Collector, the petitioners filed the present petition under Article 227 of the Constitution of India in this Court, claiming the compensation at the rate of Rs. 19,000/- per bigha in respect of the acquired land of the petitioners. I have heard the learned counsel for the parties and have gone through the record carefully.
(3.) THE learned counsel appearing for the petitioners submitted before me that the petitioners were entitled to the compensation at the rate of Rs. 19,000/- per bigha and the Land Acquisition Collector had erred in law in dismissing the application of the petitioners. On the other hand, the learned counsel appearing for the respondents submitted before me that in view of the law laid down by these Lordships of the Supreme Court in the case reported as Smt. Bhagti (deceased) through her LRs. Jagdish Ram Sharma v. State of Haryana, 1997(2) R.C.R.(Civil) 385 : AIR 1997 Supreme Court 1793, the petitioners were not entitled to claim the same amount of compensation in the petition under Section 28A of the Act, as was awarded to other claimants in the appeals decided by the High Court or the Supreme Court.;