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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Randhir Kaur – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harkesh Manuja J.
By way of present revision petition, challenge has been laid to the order dated 30.01.2017 passed by the Land Acquisition Collector, Urban Estates, Haryana, Gurgaon, whereby, an application filed under Section 28-A of the Land Acquisition Act, 1894 (for short, "1894 Act11), at the instance of petitioner-landowner, stood rejected being barred by limitation.
2. Briefly stating, some land owned by the petitioner, along with the land of few other landowners, situated within the revenue estate of Village Wazirpur, District Gurugram came to be acquired vide notifications dated 11.02.2010 and 19.02.2010, issued under Sections 4 and 6, respectively of the 1894 Act, for the public purpose, namely, development and utilization of sector roads for Sectors 81-95 at Gurgaon. The Land Acquisition Collector, Gurgaon, vide its award dated 14.06.2010, assessed the market value @ Rs.45 lacs per acre.
2.1 Feeling aggrieved, some of the landowners preferred separate reference under Section 18 of the 1894 Act, which came to be disposed of by the ld. Reference Court vide award dated 21.03.2014, thereby determining the market value @ Rs.1,18,25,000/- per acre along with solatium a
A pending application for compensation under Section 28-A of the Land Acquisition Act cannot be dismissed based on limitation when new market value determinations arise during its consideration.
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.
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger.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 ....
A party who has preferred a Reference under Section 18 of Land Acquisition Act, 1894 and has secured an order thereunder, cannot thereafter file an Application under Section 28A of Land Acquisition A....
(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....
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