(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. RULE.
Learned counsel appearing for the respondents waive service.
2. The petitioner has invoked Articles 226 and 227 of the Constitution for the direction that respondents should consider applications dated 04.06.2007, 17.11.2009 and 20.05.2011 submitted by them for redetermination of the amount of compensation under Section 28 A of the Land Acquisition Act, 1894 (for short the 'Act'). Learned senior counsel Mr. Marshal, appearing for the respondents, fairly conceded that the petitioner was entitled to the benefit of redetermination of compensation upon acquisition of their land in terms of the provisions of Section 28 A of the Act. However, the reference cases decided pursuant to the references made at the instance of other land losers have been allowed and, the orders made in such references in respect of the lands which were subject matter of the same land acquisition processes have been carried in appeal preferred therefrom and they are pending before this Court. He, therefore, submitted that upon a final decision being reached in the appeals preferred by the respondents herein, the petitioner may as well be paid amounts of compensation at the same rates. Accordingly, he stated, on instructions, that as soon as the aforesaid appeals being First Appeal Nos. 4487 to 4491 of 2007 are heard and disposed, the petitioners shall also be granted the same benefits, if any, of compensation at higher rates with the other concomitant benefits.
3. Upon that statement being made and recorded, the petition was not pressed for any further relief at this stage. Accordingly, it is disposed and rule is made absolute to the extent that the respondents shall abide by the statement recorded hereinabove. No order as to costs.
[D.H.WAGHELA, J.] [MOHINDER PAL, J.] JYOTI Top