The limitation period for an application for redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, begins from the date of the final judgment re-determining the compensation, and judicial decisions clarifying such legal positions apply retrospectively to pending matters.

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HARKESH MANUJA J. (Oral)

CM-17909-CWP-2025

Application is allowed as prayed for.

CM-2202-CWP-2026

Application is allowed as prayed for. Reply filed on behalf of respondent No.3 along with Annexures R-3/1 to Annexure R-3/14, is taken on record.

RA-CW-559-2025

1. By way of the present application, a prayer has been made for review of the judgment dated 16.10.2023 passed by this Court, vide which the writ petition preferred by the applicants–petitioners came to be dismissed with grant of liberty to avail their remedies in accordance with law.

2. Briefly stating, in the given facts, certain land owned by the applicants-petitioners forming part of the revenue estate of Village Goria, Tehsil Matanhail, District Jhajjar, came to be acquired vide notifications dated 16.01.2007 and 12.04.2007 issued under Sections 4 & 6 respectively of the Land Acquisition Act, 1894 (for short, “1894 Act”), followed by an award dated 04.06.2007, whereby, the market value was assessed by the Land Acquisition Collector (herein after referred to as “LAC”) @ Rs.16.00 lakhs per acre.

3. Being aggrieved, some of the other landowners filed objections under Section 18 of the 1894 Act, which were dismissed by the then Additional District Judge, Jhajjar-cum-Reference Court vide decision dated 01.10.2011. Aggrieved of the Reference Court award dated 01.10.2011, Regular First Appeals were preferred before this Court by those landowners and the same were partly accepted vide decision dated 04.02.2016 passed in RFA-266-2012, titled as “Joginder Singh Tokash vs. State of Haryana and others” whereby the market value was re-assessed @ Rs.29,00,400/- per acre along with grant of other statutory benefits. Finally, the Hon’ble Apex Court modified the decision dated 04.02.2016 passed by this Court, vide its order dated 05.09.2017 and the market value was reduced to Rs.25.00 lakhs per acre from Rs.29,00,400/- per acre. Thereafter, on 04.12.2017, the applicants-petitioners who did not file objections under Section 18 preferred application under Section 28-A of the 1894 Act, claiming parity in the amount of compensation as awarded by the Hon’ble Apex Court to the other similarly placed landowners vide it’s decision dated 05.09.2017 . The said application was dismissed by the then DRO-cum-LAC, Jhajjar, vide its order dated 11.01.2019 on the ground that the same was filed much beyond three months of the date of adjudication by the learned Reference Court and thus, was barred by limitation.

3.1 Aggrieved thereof, the present writ petition was filed, which was dismissed vide order dated 16.10.2023 in terms of decision dated 24.01.2019 passed in the case of Mahabir and another versus State of Haryana and others (CWP No. 1199 of 2019) with liberty to the landowners to seek their remedy in accordance with law. In pursuance of the said liberty, the applicants-petitioners preferred execution application bearing EXE-553-2023 dated 18.12.2023, which was finally dismissed on 31.07.2025.

4. Soon thereafter, the applicants-petitioners preferred an intra court appeal bearing LPA-2477-2025, titled as “ Rajender Singh and others vs. State of Haryana and others” assailing the decision dated 16.10.2023 rendered by this Court in CWP-23474-2023, which came to be disposed of vide order dated 30.10.2025 and the relevant extract therefrom is reproduced hereunder:-

“Learned counsel for the parties agree that the judgment on the implementation of Section 28-A of the Land Acquisition Act, 1894 has been rendered by the Hon’ble Supreme Court of India in Banwari and others vs. HSIIDC Ltd. and another, 2025(1) RCR (Civil) 232, which will govern the issue hence, the dismissal of the writ petitions vide impugned order(s) by the learned Single Judge of this Court by placing reliance upon the decision of the Single Bench of this Court in CWP 1199-2019 titled as Mahabir and another vs. State of Haryana and others decided on 24.01.2019 needs reconsideration.

2. Learned counsel for the appellant(s) submits t