Petitioner sought direction to determine compensation under Section 28-A of the Land Acquisition Act, 1894. Court held that compensation cannot be awarded while regular first appeals against the Reference Court Award are pending.
No direction issued for determination of compensation under Section 28-A of the Land Acquisition Act, 1894.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.19456of2014(O&M)
DATE OF DECISION: 18.09.2014
Smt. Nachhatar Kaur
…..Petitioner
versus
The State of Haryana and another
.....Respondents
CORAM:- HON'BLE MR.JUSTICEASHUTOSH MOHUNTA,ACTINGCHIEFJUSTICE
HON’BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Bhag Singh, Advocate for the petitioner
ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):
The petitioner has prayed that a direction be issued to
respondent No.2 to decide the application dated 9.4.2011 filed by
the petitioner under Section 28-A of the Land Acquisition Act,
1894 for determination of compensation in the same manner as was
determined by the Reference Court vide Award dated 24.1.2011.
The compensation in terms of Section 28-A of the Act
can only be paid to the petitioner after all the proceedings with
regard to determination of compensation are concluded. Since the
Regular First Appeals are pending against the Award of the
Reference Court, therefore, until the same are decided,
compensation cannot be determined and paid to the petitioner
under Section 28-A of the Act. Thus, no directions, as prayed
for by the petitioner, can be given at this stage.
PARKASH CHAND 2014.09.18 16:15 I attest to the accuracy and authenticity of this document
CWP-19456-2014
- 2 -
Writ petition stands disposed of with the aforesaid
observations.
( ASHUTOSH MOHUNTA ) ACTING CHIEF JUSTICE18.09.2014 (HARINDER SINGH SIDHU)
parkash*JUDGE
PARKASH CHAND 2014.09.18 16:15 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether a direction can be issued to the Collector to determine compensation under Section 28-A of the Land Acquisition Act, 1894 pending appeals against the Award of the Reference Court.
1 provisions across 1 enactments
Smt. Nachhatar Kaur
The State of Haryana
Another
Ashutosh Mhunta
Harinder Singh Sidhu
As recorded by the court registry
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