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IN THE HIGH COURT OF DELHI AT NEW DELHI
BALWAN SINGH AND ORS. – Appellant
Versus
GOVT OF NCT OF DELHI AND ANR – Respondent
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
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 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 ....
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.
The limitation period for seeking redetermination of compensation under Section 28A of the Land Acquisition Act begins from the date of the original court's award, not from appellate decisions.
The limitation period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
(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....
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
(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 ....
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