LAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed by petitioners Lal Singh and others against the order dated 8th March, 1989 passed by the Additional District Judge, Jind, whereby their application under section 28-A(3) of the Land Acquisition Act, was dismissed.

(2.) BRIEFLY stated, the facts are that land belonging to Bir Singh, Birkha and Munishi Ram as well as other co-sharers measuring 580 kanals 19 marlas was acquired by the Government of Haryana for the construction of Jind Cooperative Sugar Mills, Jind. Compensation at the rate of Rs. 22,000/- per acre was awarded by the Land Acquisition Collector (hereinafter be referred to as the 'Collector'). On the application of co-owners Lal Singh alias Lala, and Birkha Singh etc., reference under section 18 of the Land Acquisition Act, 1894 (hereinafter be referred to as the 'Act') was made to the District Judge, Jind. The Additional District Judge, Jind allowed enhancement of the compensation. Out of the aforesaid acquired land, the land measuring 37 kanals 2 marlas belonged to the petitioners.

(3.) THE petitioners moved another application on 11th August, 1986 under section 18 of the Act by saying that dismissal of the application filed by them under section 28-A of the Act vide order dated 5th May, 1986 was against law. It was also stated that the application under section 28-A of the Act could be moved upto 5th August, 1985 because 3rd August, 1985 and 4th August, 1985 were gazetted holidays. It was further stated that the Additional District Judge, Jind had decided another land acquisition case No. 18 dated 8th February, 1984 titled Chander Bhan v. State of Haryana on 27th February, 1986 and, therefore, the application under section 28-A of the Act could not be termed as time barred.