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1982 Supreme(P&H) 355

S.S.SANDHAWALIA, R.N.MITTAL, I.S.TIWANA
Sher Singh – Appellant
Versus
Union Of India – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Some vital facets pertaining to the filing of references under Section 18 of the Land Acquisition Act and a divergence of judicial opinion thereon within this Court (albeit at the motion stage) has necessitated the admission of this set of three civil writ petitions to a Full Bench. Pointedly at issue are the conflicting observations of the Division Benches in Chanan Singh V/s. Union of India (C.W.P. 4229/1981 decided on 23rd Nov., 1981) and Hakam Singh V/s. Union of India, C.W.P. 2378/1981 decided on 9th Oct., 1981.

2. The factual matrix giving rise to the issues may be briefly noticed from Sher Singh V/s. Union of India, C.W.P. 5628 of 1981. The petitioner owned agricultural land in the revenue estate of village Mehna Patti district Bhatinda jointly with his brother Bhag Singh which was acquired for the public purpose of establishing a military cantonment by a notification under Section 4 of the Land Acquisition Act dated the 9th Oct., 1974. In pursuance of the acquisition proceedings, the Collector announced his award on the 11th of June, 1975 at Bhatinda. It is averred that on the 19th of July, 1975, the petitioner specifically filed a reference u





































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