Punjab-Haryana High Court
Ajit Singh And Another vs State Of Punjab And Others on 4 March, 2022
CWP-4265-2022(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-4265-2022(O&M)
Date of decision:04.03.2022
AJIT SINGH @ JIT SINGH AND ANOTHER ...Petitioners
Versus
STATE OF PUNJAB AND OTHERS ...Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Ravindra Singh, Advocate, for the petitioners
Mr. Nikhil Chopra, Addl.A.G., Punjab
ANIL KSHETARPAL, J (Oral)
The hearing of the case is being held through video
conferencing on account of restricted functioning of the Courts.
The petitioners pray for issuance of a writ in the nature of
mandamus to direct the respondents to award the amount of compensation
@ Rs.46,829/- per acre, along with all the statutory benefits on account of
compulsory acquisition of the land under the provisions of the Land
Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act').
The acquisition was initiated on 24.09.1985. On the application
of various other owners, the matter was referred to the Court which assessed
the amount vide an award dated 04.05.1998 @ Rs.46829/- per acre. The
petitioners claim to be Non Resident Indians (NRI). They did not file an
application under Section 18 of the 1894 Act. An application filed under the
Section 28-A of the 1894 Act was dismissed as time barred on 25.06.2010.
The Regular First Appeal filed by the State was allowed on
26.07.2010. Subsequently, the Supereme Court on 27.06.2008, restored the
assessment of the compensation as ordered by the Reference Court while
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setting aside the judgment of the High Court. The petitioner-Ajit Singh @ Jit
Singh filed a revision petition in the year 2011 which was dismissed as
withdrawn on 05.03.2012. Thereafter, the same Ajit Singh @ Jit Singh filed
a Regular First Appeal No.4438 of 2013, which was also withdrawn on
26.08.2013.
The petitioners claim that since the various other owners, who
are identically situated have been held entitled to the market value @
Rs.46829/- per acre along with all statutory benefits payable under the 1894
Act, therefore, the petitioners are also entitled to the same relief.
The Land Acquisition Act, 1894 is a complete code. It does not
provide for the payment of the same amount of compensation to the various
other owners who do not avail the remedy either under Section 18 or Section
28-A of the Land Acquisition Act, 1894. Section 28-A of the 1894 Act
reads as under:-
28A. Re-determination of the amount of
compensation on the basis of the award of the
Court.-
(1) where in an award under this part, the
court allows to the applicant any amount of
compensation in excess of the amount
awarded by the collector under section 11,
the persons interested in all the other land
covered by the same notification under
section 4, sub-section (1) and who are also
aggrieved by the award of the Collector
may, notwithstanding that they had not
made an application to the Collector under
section 18, by written application to the
Collector within three months from the date
of the award of the Court require that the
amount of compensation payable to them
may be re-determined on the basis of the
amount of compensation awarded by the
court:
Provided that in computing the period of
three months within which an application to
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the Collector shall be made under this sub-
section, the day on which the award was
pronounced and the time requisite for
obtaining a copy of the award shall be
excluded.
(2) The Collector shall, on receipt of an
application under sub-section (1), conduct
an inquiry after giving notice to all the
persons interested and giving them a
reasonable opportunity of being heard, and
make an award determining the amount of
compensation payable to the applicants.
(3) Any person who has not accepted the
award under sub-section (2) may, by
written application to the Collector,
required that the matter be referred by the
Collector for the determination of the Court
and the provisions of sections 18 to 28
shall, so far as may be, apply to such
reference as they apply to a reference
under section 18."
An application filed by the petitioners under Section 28-A of
the Land Acquisition Act, 1894 has already been dismissed by the Land
Acquisition Collector. The petitioners did not apply under Section 28-A (3)
for referring the matter to the Court. Sub-Section (3) of Section 28-A of the
1894 Act, enables any person who has not accepted the award passed by the
Land Acquisition Collector under sub-section (2) may, by written
application to the Collector, require that the matter be referred to the Court
for re-determination. Admittedly, the petitioners did not avail the aforesaid
remedy.
It is evident that the petitioners have been sleeping over their
rights during all this time. They filed an application under Section 28-A of
the 1894 Act, which was dismissed in the year 2010. This writ petition has
been filed in the year 2022.
In the considered opinion of the Court, no writ as prayed for,
deserve to be issued in the absence of any statutory or other right as well as
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on the ground of an unexplained delay and latches.
Hence, dismissed.
All the pending miscellaneous applications, if any, are also
disposed of.
March 04, 2022 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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