Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PREM KUMAR AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
HARKESH MANUJA, J.
The petitioners, by way of present petition, seek quashing of an order dated 02.09.2025 (Annexure P-5) passed by respondent No. 2-Land Acquisition Collector, Mohali (for short “LAC”), whereby their application under Section 28-A of the Land Acquisition Act, 1894 (for short “the Act”) stands rejected being barred by limitation.
[2] Briefly stating, some land owned by the petitioners- landowners as well as pro forma respondents forming part of the revenue estate of Village Malakpur (Jandali Khurd), Sub Tehsil Ahmedgarh, Tehsil Malerkotla, District Sangrur, came to be acquired vide notifications dated 29.03.2011 & 27.09.2011 issued under Sections 4 & 6 of the Act respectively for the public purpose of New Grain Market, Ahmedgarh, Malerkotla. An Award under Section 11 of the Act was announced by the LAC on 05.03.2013 and the compensation was determined at the rate of Rs.35 lakhs per acre besides grant of other statutory benefits. Aggrieved thereof, some of the other landowners preferred reference under Section 18 of the Act, which came to be decided on 11.03.2019 (Annexure P-1) by the learned Reference Court while determining the market value of the acquired
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
The limitation period for filing applications under Section 28A of the Land Acquisition Act, 1894, is strictly three months from the date of the reference court's award, with no provision for extensi....
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger.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 ....
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 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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
