Mohan Singh And Others vs Collector Land Acquisition ...
2021 Latest Caselaw 446 j&K

                                                                      Sr. No. 217



              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

CJ Court


Case: OWP No. 34 of 2018


Mohan Singh and others                                 .....Appellant/Petitioner(s)

                               Through :- Sh. Adarsh Sharma, Advocate

                         v/s

Collector Land Acquisition Northern                             .....Respondent(s)
Railways and another

                               Through :- Sh. S. S. Nanda, Sr. AAG
                                          for respondent No. 1
                                          Sh. Harshwardan Gupta, Advocate
                                           for respondent No. 2


            CORAM:
            HON'BLE THE CHIEF JUSTICE
            HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                  ORDER

1. Heard Sh. Adarsh Sharma, learned counsel for the petitioners and

Sh. S. S. Nanda, Sr. AAG and Sh. Harshwardhan Gupta, learned counsel for

the respondents.

2. The petitioners have preferred this writ petition under Article 226

of the Constitution of India seeking release of the enhanced amount of

compensation as per the judgment, order and award dated 19.04.2011 passed

by the District Judge in a reference, titled, Manohar Singh and others vs

Collector Railway, Northern Railway, Udhampur.

3. The petitioners have not sought reference under Section 18 of the

Act against the award made under Section 11 of the Act. Therefore, the

presumption is that they have accepted the award. Once they have accepted the

award, they are not entitled to enhancement of compensation merely for the

reason that some other have been awarded higher amount.

4. In case, the petitioners have not been awarded similar

compensation as has been awarded to other land owners or co-owners, they

may seek reference under Section 18 of the Act.

5. The writ petition lacks merit and is dismissed.

                           (RAJNESH OSWAL)             (PANKAJ MITHAL)
                               JUDGE                    CHIEF JUSTICE



JAMMU
06.04.2021
Rakesh

             Whether the order is speaking:         Yes/No
             Whether the order is reportable:       Yes/No