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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Lal Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
HARKESH MANUJA, J.
The petitioners, by way of present petition, seek issuance of directions to the respondents to pay the compensation of their acquired land, as per judgment dated 11.03.2019 (Annexure P-2) passed by the Hon’ble Apex Court in Civil Appeal No. 2736 of 2019, titled “Balwant Singh (D) Through LRs Gurbinder Singh Versus The State of Haryana & Others”, especially in accordance with the terms set out by respondent No. 3-Land Acquisition Collector, HSVP, Urban Estate, Faridabad (for brevity “LAC”) vide its award/order dated 10.04.2013 (Annexure P-1).
[2] Briefly stating, the land owned by the petitioners, situated within the revenue estate of Village Ajronda, Tehsil and District Faridabad was acquired vide Notification dated 03.07.1995 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as “1894 Act”) followed by Notification dated 02.07.1996 issued under Section 6 thereof. An award under Section 11 dated 29.06.1998 was passed by LAC. Being aggrieved, certain other landowners preferred reference under Section 18 of the 1894 Act whereby compensation was re-assessed @ Rs.795/- per square yard vide award dated 16.08.2012 passed by the
Acquisition of land – Claimants similarly situated whose lands have been acquired under same notifications shall be entitled to enhanced amount of compensation at par with other landowners whose land....
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.
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