LABH SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS

LAWS(P&H)-1989-6-28

HIGH COURT OF PUNJAB AND HARYANA

Decided on June 01,1989

Labh Singh And Others Appellant

VERSUS

UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

G.R. Majithia, J. - (1.) THIS application has been moved for claiming the benefits of Act No. 68 of 1984 of the Land Acquisition Act (for the short Act). A big chunk of land was acquired by the Union of India for the establishment of a Military Cantonment in the revenue estate of Bhatinda. The Land Acquisition Collector fixed the compensation which was not acceptable to the claimants. They got a reference made to the land acquisition Court. They were not satisfied with the compensation awarded by the land acquisition Court and came to this Court in Regular First Appeal. The same was disposed of vide judgment and decree dated November 10, 1981. The claimants/landowners were not satisfied with the compensation awarded by the learned Single Judge and they challenged the same through L.P.A. No. 155 of 1983. The appeal was filed beyond limitation and Civil Misc. No. 6931 of 1983 under Section 5 of the Limitation Act was also filed along with the appeal. The same was dismissed in limine by a Division Bench of this Court on April 11, 1983. The applicants moved the Apex Court against the order of the Bench. The Apex Court vide its order dated February 25, 1985, passed in Civil Appeal No. 659 of 1985 allowed the appeal and condoned the delay. It was further directed that enhanced compensation determined by the High Court in L.P.A. No. 279 of 1982 decided on December 12, 1982, be paid to the Appellants. The appeal was pending in the apex Court after April 30, 1982. The applicants are entitled to the benefits of Section 30(2) of Act No. 68 of 1984. We order accordingly but no order as to costs. Sd/ - V. Ramaswami, C.J.;

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