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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Darshan Darshan – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
HARKESH MANUJA, J.
[1]. By way of present writ petition, challenge has been laid to the order dated 24.08.2021 passed by the Sub Divisional Magistrate-cum-Land Acquisition Collector, RSD and Shahpurkandi Dam Project, Shahpurkandi Township, whereby Reference preferred at the instance of the petitioners/landowners having invoked Section 28-A of the LAND ACQUISITION ACT , 1894 (for short ‘the 1894 Act’) was dismissed.
[2]. Briefly stating, in the present case, some land owned by the petitioners/landowners situated within the revenue estate of village Kot Tikka Majra, Tehsil Dhar Kalan, Distt. Gurdaspur, came to be acquired vide Notifications dated 16.06.1994 and 28.10.1994 issued under Sections 4 & 6 of the LAND ACQUISITION ACT , 1894 respectively for the public purpose namely for construction of Shahpurkandi Dam Project. The Award under Section 11 of the 1894 Act was passed by the Land Acquisition Collector (for short ‘the LAC’) on 04.12.1996.
[3]. Being aggrieved thereof, some of the other landowners pertaining to this very acquisition sought reference under Section 18 of the 1894 Act which came to be decided on 02.05.2018 and the market value was assessed @ Rs.1600/-pe
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 Land Acquisition Act, 1894 provides specific procedures for re-determination of compensation, and the court's writ jurisdiction is limited by the scope of the Act.
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
(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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