RAGHUWANSH CHAPRANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of RFA Nos. 805 and 1922 of 2006, as the same arise out of common acquisition.

(2.) THE present appeals have been filed against the award dated 31.10.2005, whereby the learned court below dismissed the objections filed by the land owners on account of delay.

(3.) LEARNED counsel for the appellants submitted that in the case of other landowners, whose land was acquired vide same notification, have been awarded higher compensation, whereas only the appellants have been discriminated. They could not prefer objections immediately after the award was passed as there were problems in the family. The appellants were held up in that. It was further submitted that the findings recorded by the learned court below that the reference filed by the land owners was time barred, are totally erroneous. He submitted that in terms of the provisions of Section 18 of the Act, the objections could be filed within six weeks from the date of award in case the land owners are present at the time of pronouncement of the award. In other cases, it would be within 6 weeks of the receipt of the notice from the Collector under Section 12(2) of the Act or within six months from the date of the Collector's award, whichever period expires first. The submission is that in the present case, the land was acquired vide notification under Section 4 of the Act dated 4.11.1977. Though the award was announced on 2.5.1984, but the amount of compensation was not paid to the land owners at that time, and the objections, which were filed on 6.7.2001 were within limitation of six months as enumerated under Section 18(2) of the Act. The period of limitation provided for therein has been interpreted to mean that the same has to be filed within six months from the date of knowledge of the award. On 3.7.2001, the appellants came to know about the filing of cases for enhancement and immediately thereafter they filed the objections, the same should be considered as the date of knowledge.