C.W.P. No. 21844 of 2011 1 In the High Court for the States of Punjab and Haryana at Chandigarh … C.W.P. No. 21844 of 2011 Date of decision:25.11.2011 Kartar Singh and others .. Petitioners Versus State of Punjab and another ..Respondents Coram: Hon’ble Mr. Justice M.M.Kumar Hon'ble Mr. Justice Rajiv Narain Raina Present: Mr. Ranjit Saini, Advocate for the petitioners. .. 1. To be referred to the reporters or not ? 2. Whether the judgment should be reported in the digest ? M.M.Kumar,J. The prayer made in the writ petition is for issuance of direction to the Land Acquisition Collector, Department of Industries,Punjab, Chandigrh to decide the application filed by the petitioners under Section 28-A of the Land Acquisition Act, 1894. It has been averred in para No.3 that the petitioners have been owners in possession as co-sharers of land bearing Khasra No. 48/8, 9/1, 13, 40/9, 10, 11, 12, 18, 19, 20 Khewat Khatauni No. 1/2, 4,5,6,7,9,10,11,12 as per jamabandi for the year 1991-92 of village Jhandher Mahapurkhan, District Amritsar. In para Nos.4,5 and 6, it has been stated that on filing of reference by other co-sharers under Section 18, the amount of compensation has been raised and RFA No. 4387 of 2006 titled PSIEC v. Bawa Singh and others along with connected appeals are pending before this court. Accordingly, prayer has been made C.W.P. No. 21844 of 2011 2 for redetermining of the amount of compensation on the basis of the enhancement ordered by the learned Additional District Judge or by any other higher Court. Notice of motion. Mr. Suvir Sehgal, Addl. Advocate General, Punjab who is present in Court accepts notice. Three copies of the paper book have been handed over to him. With consent of the parties, matter is taken up for final disposal. We have heard learned counsel for the parties. Keeping in view the nature of the prayer made and the fact that the petitioners have not filed any application under Section 18 seeking reference to the District Judge for enhancement of compensation, we deem it appropriate to direct respondent No.2 to re-determine the amount of compensation on the basis of the subsequent enhancement awarded by the Court of District Judge or any other higher court as the matter is pending since 2007 before respondent No.2. However, we make it clear that if the petitioners have filed a reference under Section 18 then respondent No.2 would be competent to decline the application and the petitioners shall be left to pursue their remedy before the learned District Judge. The needful shall be done within a period of two months from the receipt of copy of this order. Accordingly, writ petition shall stand disposed of. (M.M.KUMAR) JUDGE November 25,2011 (RAJIV NARAIN RAINA) nk JUDGE C.W.P. No. 21844 of 2011 3