IN THE HIGH COURT OF PUNJAB AND HARYAN AT CHANDIGARH CR No.2026/2010 Date of decision:02.09.2011 Bhag Wanti and others ...............Petitioners v State of Punjab and another ................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: None for the petitioners. Mr.Yatinder Sharma,DAG Punjab for the respondents Jaswant Singh,J.(Oral) This judgment of mine shall dispose of Civil Revision Nos. 2026 an 2039 of 2010 as similar question of law arises in the similar facts and circumstances. However, for the sake of convenience, the facts are being taken from Civil Revision No.2026 of 2010. The facts giving rise to the present revision petition are that vide notification dated 17.6.1986 land measuring 752 bighas 9 biswas, was acquired by respondent no.1 for the establishment of Govt.Engg. College at Bathinda. Predecessor of the petitioners was owner of ½ share of the land measuring 1 bigha 6 biswa which was part and parcel of the acquired land. Vide award no. 2 of 1989 Land Acquisition Collector, Bathinda assessed the price of acquire land @ 65,000/- per acre and payment was made accordingly. Gurdev Singh filed reference under Section 18 of the Land Acquisition Act which was decided by ADJ Bathinda on 16.2.1994 and a fresh award enhancing the market CR No.2026/2010 2 price of the acquired land @ Rs.1,25,000/- per acre was passed. Against the award passed by learned ADJ Bathinda, Santa Singh son of Kheta Singh, co-sharer of Gurdev Singh, preferred RFA in this Court which was accepted on 13.3.2008; the award was modified and the price of the acquired land was enhanced to Rs.1,50,000/- per acre. During his lifetime, Gurdev Sigh did not avail the appellate remedy. He died on 14.12.1995. After his death petitioners also chose not to avail appellate remedy before this Court. In the year 2009, the petitioners filed an application under Sections 151, 152 read with Order 21 Rule 11 CPC before the Court of ADJ Bathinda for directing the respondents to pay Rs.60,613.99 alongwith interest @ 15% from 6.10.2008 to the petitioners on the basis of award modified by this Court in RFA No.2321 of 1994 titled Nihal Kaur and others v. State of Punjab, decided on 13.3.2008. The basis of the prayer made in that application was that under the provisions of the Land Acquisition Act, benefits of award can be claimed by all the co-sharers even if the reference has been made by one of the co-sharer. The learned Additional District Judge, Bathinda vide order dated 18.8.2009 by relying upon a recent judgment of this Court in Market Committee, Karnal v. Man Singh and others, The Punjab Law Reporter 2009(2) 48, dismissed the aforesaid application of the petitioners. Hence the present revision petition. At the time of hearing no one has put in appearance on behalf of the petitioners. Dismissed for non-prosecution. 02.09.2011 (Jaswant Singh) joshi Judge