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.

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioners have filed the present petition impugning an order dated 16.08.2024 (hereafter the impugned order) passed by respondent no.2 (hereafter LAC), whereby the application preferred by the petitioners under Section 28A of the Land Acquisition Act, 1894 (hereafter the LA Act) was dismissed on the ground of limitation.

2. The petitioners also pray that directions be issued to the respondents to pay compensation to the petitioners at the rate of Rs. 26.6 lacs per acre (Rs. 5,52,083.33 per bigha) along with interest as awarded by the Court of the learned Additional District Judge (ADJ) in terms of the order dated 11.11.2016.

3. The principal question that falls for consideration of this court is whether the application filed by the petitioners under Section 28A of the LA Act was barred by limitation.

BRIEF FACTS

4. The petitioners claim that they owned land/had interest in land (hereafter the subject land) located in the revenue estate of village Chhawala.

5. The Notification under Section 4 of the LA Act for acquisition of certain lands including the subject land in the revenue estate of village Chhawala, for public purposes namely construction of 100 meters wide road under the planned development of Delhi, was published on07.04.2006.

6. The aforesaid Notification was followed by a declaration under Section 6 of the LA Act, which was published on 04.04.2007. Thereafter, an award dated 27.01.2009 [being Award No.11/2008- 09/SW – hereafter the Award] was passed under Section 11 of the LA Act, in respect of certain lands including the subject land. The LAC determined the market value of the lands covered under the Award at Rs. 17,58,400/- per acre, which translates to Rs. 3,66,333.33 per bigha. Various land owners, who were dissatisfied with the compensation, sought a reference under Section 18 of the LA Act for enhancement of compensation. The LAC forwarded the reference to the learned ADJ, Dwarka Courts for adjudication. Although the subject land was also covered under the Notification dated 07.04.2006 issued under Section 4 of the LA Act as well as the Award dated 27.01.2009, the petitioners did not seek any reference for enhancement of compensation at the material time.

7. The learned ADJ disposed of the reference in terms of an order dated 11.11.2016 enhancing the compensation to Rs. 26.5 lacs per acre, which translates to Rs. 5,52,083.33 per bigha.

8. The petitioners claim that the subject land is also similarly located and its market value is no different from the market value of the land owned by other land owners, which were covered under the Notification under Section 4 of the LA Act and the Award. Accordingly, the petitioners filed an application on 22.11.2019 under Section 28A(1) of the LA Act before the LAC. The same was dismissed by the impugned order.

CONTENTIONS ADVANCED ON BEHALF OF THE PETITIONERS

9. The learned counsel appearing for the petitioners contends that they had no knowledge of the order dated 11.11.2016 enhancing the compensation and therefore, were precluded from filing an application under Section 28A of the LA Act within the time prescribed. It is contended on behalf of the petitioners that the provisions of Section 28A of the LA Act are in the nature of bene