RAMESH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Notification under Section 4 of Land Acquisition Act (1 of 1894) (for short, 'the Act') was published on August 2, 1973 acquiring the lands situated in Etmadpur Village for public purpose. The Collector awarded compensation under Section 11 by his award dated February 19, 1974. Dissatisfied therewith, Ramesh Singh and Hari Singh filed application under Section 18 which was duly referred by the Collector to the Civil Court. The Addl. District Judge, Gurgaon dismissed the reference petition on May 3, 1978, Rumal Singh, one of the claimants equally sought a separate reference in respect of his claim. Thereon, the Addl. District Judge, Gurgaon enhanced the compensation. The Legal Representatives of Ramesh Singh, the petitioners and Hari Singh filed an application to implead themselves in the reference of Rumal Singh which was also dismissed by the District Judge on May 1, 1986. The petitioners allege that they challenged the order in a revision said to have been filed on November 3, 1986 and is stated to be pending decision in the High Court. However, we are not concerned with the same.

(2.) When Rumal Singh filed execution application to enforce his award made under Section 26, the petitioners filed an application in the execution Court to award the same compensation on par with Rumal Singh and the Addl. District Judge, Gurgaon, by his order dated April 8, 1992 allowed the application and enhanced the compensation as awarded to Rumal Singh. The State filed the Revision No. 2248 of 1992 and by the impugned order dated September 2, 1993, the learned single Judge allowed the revision and set aside the order of the District Judge. Thus this special leave petition.

(3.) Shri Rohtagi, learned counsel for the petitioners contended that the petitioners have a joint interest in the lands acquired admeasuring 20 kanals 4 marlas and, therefore, being co-owner, they are entitled to the same compensation as was awarded to Rumal Singh. The execution Court, therefore, has rightly granted the enhanced compensation to the petitioners. The High Court was not right in its revisional jurisdiction under Section 115, C. P. C. to interfere with and set aside the order. There is manifest error of jurisdiction committee by the High Court. We find no force in the contention. In view of the narration of the facts, it is clear that Ramesh Singh and Hari Singh dissatisfied with the award made by the Collector under Section 11 had sought reference under Section 18 which was duly made to the Civil Court. The District Judge dismissed the reference. Rumal Singh equally sought reference and he had the compensation enhanced in the award and decree dated May 1, 1986 under Section 26. The only remedy to the petitioners and Hari Singh is to have corrected the illegality in the order of reference under Section 18. It does not appear to have been availed of. The remedy under Section 28A is not available to the petitioners since they have availed of the remedy under Section 18.