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2017 DIGILAW 875 (SC)

Fateh Singh Saini v. Land Acquisition Collector-Cum-Dro, Jind

2017-05-09

A.K.SIKRI, ASHOK BHUSHAN

body2017
ORDER : 1. Leave granted. 2. The brief facts involved in the instant appeals are that a land situated in revenue estate of Village Safidon, Hadbast No. 54, Tehsil Safidon, District Jind, was sought to be acquired by the State of Haryana for establishment of New Grain Market, Safidon, vide notification dated 14.08.1987, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'). It was followed by notification under Section 6 of the Act dated 12.08.1988. The Land Acquisition Collector vide Award No. 2 dated 10.08.1990 assessed the market value of the acquired land @ Rs.27/- per square yard. Aggrieved against the award of the Collector, the landowner-appellant filed objections, which were referred to the Additional District Judge, who dismissed the objections filed by the landowner being time barred vide order dated 03.02.1996. The appellant filed Regular First Appeal No. 934 of 1996 before the High Court. The appellant also filed C.M. Nos. 10015-16/CI of 2015 in R.F.A. No. 934 of 1996 for permission to lead additional evidence of the reference dated 18.09.1990 submitted by the appellant by post and producing postal receipt dated 18.09.1990 and the acknowledgment due received by office of Land Acquisition Collector dated 20.09.1990. 3. The High Court in R.F.A. No. 1823 of 1990 and other connected R.F.As. filed by landowners upheld the judgment and order dated 03.05.1990 passed by Additional District Judge, Jind and maintained compensation of the acquired land of Rs.109/- per square yards as awarded by Additional District Judge in 19 references. By the impugned order dated 28.11.2015, the High Court dismissed C.M. Nos. 10015-16/CI of 2015 on the ground that the appellant had not filed original copies of the postal receipt dated 18.09.1990 and acknowledgment due receipt dated 20.09.1990. 3. The High Court by the impugned order dated 28.11.2015 dismissed R.F.A. No. 934 of 1996 holding: “In view of the aforesaid enunciation of law, the delay in filing of objections against the award of the Collector cannot be condoned. In the case in hand, the appellant was well aware of the acquisition proceedings. The award was passed by the Collector on 10.08.1990. The appellant filed the objections on 27.01.1994, which were clearly beyond the period prescribed under the Act” 4. In the case in hand, the appellant was well aware of the acquisition proceedings. The award was passed by the Collector on 10.08.1990. The appellant filed the objections on 27.01.1994, which were clearly beyond the period prescribed under the Act” 4. It is clear from the above that in respect of the same chunk of land which was acquired by the same notification, the compensation which has been fixed is at Rs.109 per square yard. Even if the appellant sought a reference belatedly, he would still be entitled to the benefit of Section 28A of the Act. On that basis also, the appellant would have been entitled to the same compensation that has been awarded to the other landowners whose lands were acquired by that very notification. However, because of the fact that the appellant sought the reference belatedly, for the intervening period, the appellant shall not be entitled to claim any interest. 5. We, thus, dispose of the appeal by awarding compensation to the appellant as well in respect of his land at the rate of Rs.109 per square yard. If the compensation is paid within a period of one month, no interest shall be awarded. However, if the compensation is not paid within one month then the appellant shall be entitled to interest at the rate of 12 percent per annum from the date of expiry of one month till the payment of compensation. 6. The appeals stand disposed of accordingly.