DHARAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present order shall dispose of 2 writ petitions i.e. CWP Nos.370 and 388 of 2020 filed under Articles 226/227 of the Constitution of India. The same are directed against the order dated 03.01.2019 (Annexure P-6) passed by the Land Acquisition Collector, Jhajjar-respondent No.3, whereby the application under Section 28A of the Land Acquisition Act, 1894 (for short 'the Act') has been dismissed on the ground that the same was filed on the basis of the judgment passed in RFA- 266-2012 titled Joginder Singh Tokash Vs. State of Haryana and others.

(2.) Similar orders passed by the said officer on the said reasoning have been upheld by this Court in CWP No.35666 of 2019 'Sombir and others Vs. State of Haryana and others' decided on 09.12.2019 and in CWP No.37615 of 2019 'Bijender and others Vs. State of Haryana and others' and other connected cases decided on 06.01.2020. The ground for upholding the order is on the basis of the judgment of the Three Judges Bench of the Apex Court, which has also been relied upon the Land Acquisition Collector. The relevant portion of the judgment passed in Sombir (supra) reads as under:-

(3.) The argument raised that the judgment only dealt with the issue of limitation, is also not correct. The relevant portion of the judgment in Ramsingbhai (supra) read as under: