LAWS(P&H)-2011-12-27

NIKKO Vs. STATE OF HARAYANA

Decided On December 07, 2011
Nikko Appellant
V/S
STATE OF HARAYANA Respondents

JUDGEMENT

(1.) The landowners have filed the present appeal seeking enhancement of compensation for the acquired land. Briefly the facts of the case are that vide notification dated 25.2.2005 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), the State of Haryana sought to acquire land situated within the revenue estate of village Baruwali-II, Tehsil and District Sirsa, for construction of Mangala Direct Minor Extension. The Land Acquisition Collector (for short 'the Collector') vide award dated 2.5.2006 assessed the market value of the acquired land @ Rs. 5,00,000/- per acre. Supplementary award was passed on 28.12.2006. The objections were filed by the landowners before the learned Collector on 3.10.2007. The same were rejected by the learned court below being time barred vide judgment dated 4.1.2011, which is under challenge before this court.

(2.) Learned counsel for the appellants submitted that due to death of some close relative in the family of the appellants, they could not file objections within the period of limitation. The prayer is for condonation of delay by taking liberal approach so that the appellants may not suffer due to technical reasons.

(3.) On the other hand, learned counsel for the State submitted that just and fair compensation has been awarded by the Collector to the appellants. Earlier they were satisfied with the award of the Collector. However, later on due to enhancement of compensation by this court in the appeals filed by other landowners, they decided to file objections. The same being time barred, the prayer is for upholding the findings of the learned court below.