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HARKESH MANUJA
Shamsher – Appellant
Versus
State of Haryana – Respondent
HARKESH MANUJA J.
1. By way of present petition filed under Article 227 of the Constitution of India, challenge has been made to an award dated 23.11.2022 passed by the learned Additional District Judge, Sonipat.
2. In pursuance of acquisition of land owned by the petitioner, situated in the revenue estate of Village Gangeshar, Tehsil Gohana, District Sonipat, vide notification dated 27.10.2009, issued under Section 4 read with sub-section 2 of Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as “1894 Act”), followed by notification dated 02.02.2010, issued under Section 6 of the 1894 Act and an award dated 04.04.2012 against which, the petitioner-land-owner filed reference under Section 18 of the 1894 Act, seeking enhancement of compensation.
3. The Reference Court vide its award dated 23.11.2022, declined the reference being barred by limitation, as the same has been filed on 29.08.2012, challenging the award dated 04.04.2012 passed by the District Revenue Officer-cum-Land Acquisition Collector, Sonipat.
4. Being aggrieved, the petitioner has filed the present revision petition.
5. Learned counsel for the petitioner submits that in the present case, the landowner
Limitation for making reference under Section 18 of Land Acquisition Act, 1894 cannot be extended and Section 5 of Limitation Act shall not be applicable.
The court affirmed that the limitation period under Section 18 of the Land Acquisition Act applies, rejecting the petitioner's claims of ignorance regarding the award proceedings.
Delay in filing reference petitions under the Land Acquisition Act may lead to dismissal if it exceeds statutory time limits, regardless of claims of ignorance about award announcements.
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