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B. R. GAVAI, K. V. VISWANATHAN
Banwari – Appellant
Versus
Haryana State Industrial And Infrastructure Development Corporation Limited (HSIIDC) – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. This appeal challenges the judgment and order dated 25th November 2021 passed by the learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in CWP No. 19814 of 2021 (O&M), whereby the writ petition filed by respondent No.1 under Articles 226/227 of the Constitution of India praying for a writ of certiorari for quashing the order passed by the District Revenue Officer-cum-Land Acquisition Collector, Jhajjar (hereinafter referred to as “LAC”) dated 15th September 2020, came to be allowed.
3. The facts, in brief, giving rise to the present appeal are as under:
3.1 By a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “1894 Act”) dated 17th November 2004, the land of the appellants admeasuring 8 Kanal 17 Marla of village Majri, Tehsil Bahadurgarh, District Jhajjar was acquired for Kundli Manesar Palwal Expressway. By an award dated 1st March 2006, a compensation of Rs.12,50,000/- per acre was determined.
3.2 Aggrieved by the said award, similarly circumstanced land-owners preferred a reference for enhancement of compensation before the learned Additional District Judge, Jhajjar under Se
(1) Limitation for moving application under Section 28-A of Land Acquisition Act, 1894 will begin to run only from date of award on the basis of which redetermination of compensation is sought.(2) E....
The court confirmed the maintainability of applications under Section 28A of the Land Acquisition Act based on higher compensation awards from appeals, emphasizing equitable relief for disadvantaged ....
(1) Acquisition of land – Once an award is passed by High Court, earlier one passed by Reference Court ceases to exist, and stands subsumed within award of High Court – Same is case when an award is ....
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
Limitations under Section 28A of the Land Acquisition Act are strict; applications must be filed within three months from the award date, not from the date of knowledge.
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
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