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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Ashwani Kumar – Appellant
Versus
Punjab State – Respondent
JUDGMENT :
HARKESH MANUJA, J. (ORAL)
Vide this common order, aforesaid two Regular First Appeal(s) shall stand disposed of. For convenience, the facts are drawn from RFA-2640-2016.
2. By way of present appeal(s), challenge has been laid to an award dated 04.12.2015 passed by the Court of learned Additional District Judge, Gurdaspur-cum-Reference Court.
3. Briefly stating, certain land owned by the appellant-landowner forming part of revenue estate of village Gurdaspur (Hadbast No.337) came to be acquired vide notification dated 21.05.2004 issued under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act’) followed by notification dated 07.02.2025 issued under Section 6 thereof. Subsequently, award dated 22.03.2007 was passed by the Land Acquisition Collector (for short ‘the LAC’) vide which the compensation was assessed at Rs.15,00,000/- per acre for land up to depth of 1 killa, Rs.12,00,000/- for land upto depth of 2 to 6 acres and Rs.10,00,000/- per acre for the rest of the land.
4. Aggrieved thereof, the appellant-landowner sought reference under Section 18 of the Act by moving their objections before the LAC on 30.07.2007.
5. Learned Reference Court dismissed the referenc
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.
The main legal point established in the judgment is that the appellant was entitled to enhanced compensation based on the evidence of the land being irrigated, and the reference proceedings were file....
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.
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