HAZARA RAM AND ANR. Vs. MUNICIPAL COMMITTEE, SIRSA THROUGH ITS EXECUTIVE OFFICER
LAWS(P&H)-2001-1-210
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 05,2001

Hazara Ram And Anr. Appellant
VERSUS
Municipal Committee, Sirsa Through Its Executive Officer Respondents

JUDGEMENT

M.L. Singhal, J. - (1.) This civil revision has been filed under Article 227 of the Constitution of India read with Sec. 151 Civil Procedure Code by Hazara Ram and Ram Chand sons of Salamat Rai, whereby they have prayed for the setting aside of the order dated 7th April, 1997 passed by the Land Acquisition Collector, Sirsa dismissing their application under Ss. 4 and 28 -A of the Land Acquisition Act for payment of Rs. 19,02,108.53. They have prayed that 3/4th share of the amount of compensation be released in their favour as per the law laid down by the Hon'ble Supreme Court of India.
(2.) Hazara Ram and Ram Chand had filed an application under Sec. 28 -A of the Land Acquisition Act on 29th August, 1988 before Sub Divisional Officer (Civil)/Land Acquisition Collector, Sirsa, praying that they be awarded compensation in accordance with the judgment dated 20th June, 1988 passed by the High Court in R.F.A. No. 1280 of 1986.
(3.) Land was acquired for setting up of Auto Vehicle Commercial Market by Municipal Committee, Sirsa. Petitioners did not file any reference under Sec. 18 of the Land Acquisition Act, 1894 in any Court but approached the High Court. High Court awarded l/4th share of the compensation to them, being the tenants' share. Petitioners filed petition praying that they be given the same compensation which has been given to others, after the award dated 18th March, 1985, which was given to the petitioners in which High Court enhanced the compensation amount and announced l/4th share of the compensation money for the tenants. Sub Divisional Officer (Civil)/Land Acquisition Collector, Sirsa, vide order dated 12th April, 1989, Annexure P -2, held the petitioners entitled to l/4th share of the compensation money being tenants' share. Since the Punjab Wakf Board has obtained stay from the High Court on the payment of the amount, the case was adjourned till the decision of the High Court. Case was ordered to be re -heard after the judgment of the High Court.;


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