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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MOTI LAL DECEASED TH LRS – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
JUDGMENT :
HARKESH MANUJA, J.
By way of present appeal, challenge has been laid to the award dated 13.07.2023 passed by the learned Additional District Judge, Jhajjar (hereinafter to be referred as “Reference Court”) whereby, the reference petition under Section 28 (3) of the Land Acquisition Act, 1894 (for short, “1894 Act”), at the instance of appellants-landowners, stood rejected against the order dated 05.09.2017 passed by the Land Acquisition Collector, Urban Estates, Rohtak (for short “LAC”) vide which application under Section 28-A of the 1894 Act has been dismissed 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 Jhajjar, District Jhajjar, came to be acquired vide notifications dated 14.08.2003 and 10.08.2004, issued under Sections 4 and 6, respectively of the 1894 Act, for the public purpose, namely, development and utilization of land as residential and commercial Sector-9, Jhajjar. The LAC Rohtak, vide its award dated 27.07.2006, assessed the market value @ Rs.12.50 lacs per acre.
[2.1] Feeling aggrieved, some of the landowners preferred separate ref
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.
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
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 ....
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