LAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Delay in refiling the delay is condoned. Civil Miscellaneous No. 1585 -CI1 of 2000 is disposed of. Through Civil Miscellaneous No. 1585 -CII of 2000 filed under Sec. 5 of the Limitation Act, Lal Singh and others have prayed for the condonation of delay of 9 years and 3 months and 24 days in filing this revision.

(2.) Land belonging to Bir Singh, Birkha, Munshi Rain and other co -sharers measuring 58 kanals 19 marlas was acquired by Government of Haryana for construction of Jind Cooperative Sugar Mills Limited, Jind. Compensation at the rate of Rs. 22,000/ -per acre was awarded by the Land acquisition Collector (hereinafter to be referred to as Collector). On the application of co -owners Lal Singh alias Lala and Birkha and others, reference was made by the Collector to the District Judge, Jind. The Additional District Judge, Jind allowed enhancement. On 5th August, 1985, Lal Singh and Birkha represented by his legal representatives Rukmani and others filed application before the Collector Jind under Sec. 28 -A of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) for the grant of same compensation to them as has been granted to the other co -owners. That application was dismissed by the Collector vide order dated 5th May, 1986 as barred by limitation. He held that the copy of the order was prepared on 3rd May, 1985 and delivered to Lal Singh and late Birkha represented by his legal representatives on 4th May, 1985. Application under Sec. 28 -A of the Act should have been moved on or before 2nd August, 1985. Since it had been moved on 5th August, 1985 it was barred by limitation. They moved another application on 11th August, 1986 under Sec. 18 of the act saying that the dismissal of the application field by them under Sec. 28 -A of the Act vide order dated 5th May, 1986 was against law. It was also stated that application under Sec. 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 also stated that Additional District Judge, Jind had decided another land acquisition case No. 18 of 8th February, 1984 titled Chander Bhan v/s. State of Haryana on 27th February, 1986 and therefore, application under Sec. 28 -A of the Act could not be termed as time barred. Application under Sec. 18 of the Act was referred by Collector to the District Judge, Jind.

(3.) This application filed under Sec. 18 of the Land Acquisition Act was dismissed as time barred by the Additional District Judge, Jind vide order dated 8th March, 1989. Not satisfied with this order dated 8th March, 1989 of Additional District Judge, Jind whereby he dismissed the application filed by Lal Singh and Late Birkha (represented by his L.Rs. Rukmani and others), they came up in revision to this Court. This revision was barred by a period of 9 years and 24 days. Through this Civil Miscellaneous they have claimed condonation of delay in filing this revision.