Supreme Court of India
State Of Punjab vs Raghbir Singh And Ors on 28 February, 1995
Bench: K. Ramaswamy, B.L. Hansaria
CASE NO.: Appeal (civil) 3521 of 1995 PETITIONER: STATE OF PUNJAB RESPONDENT: RAGHBIR SINGH AND ORS. DATE OF JUDGMENT: 28/02/1995 BENCH: K. RAMASWAMY & B.L. HANSARIA JUDGMENT:
JUDGMENT 1995 (2) SCR 377 The following Order of the Court was delivered :
The Notification under Section 4(1) was published on February 4, 1981 for public purpose, The Collector made an award under Section 1: on December 22, 1983. The respondents did not seek for any reference under Section 18. The high Court in the appeal filed by one of the1 claimants in the same notification by the judgment and decres dated September 10, 1990 enhanced the compensation at Rs. 1,75,000 per acre Thereon the respondents filed the application on January 2, 1991 under Section 28A seeking reference to the Civil Court on the basis of the judgment of the High Court. The Collector dismissed the application on January 22,1992. Thereon the respondents filed revision in the High Court. The High Court in the impugned order dated August 14,1992 allowed and directed re-determination of the compensation, on the basis of the judgment of the High Court dated Sept. 12, 1990.
The entire controversy is now covered by judgment of this Court in Babua Ram & Others v. State of U.P. & Anr., J.T. (1994) 7 SC 377. In view of the above judgment the necessary conclusion is that the application for reference does not lie. The reference could be made only on the basis of the Judgment of the Reference Court but within the limitation prescribed under the proviso of Sec. 28A(1). In this case neither the application was filed within limitation nor immediately after the award of the District Court. Under these circumstances the Amendment Act 68 of 1984 cannot be applied and the High Court clearly committed error of law is allowing the revision. The appeal is allowed. The order of the High Court in C.R. No. 88/1992 dated August 14, 1992 is set aside but in the circumstances without costs.