MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment of mine shall dispose of R.F.A. Nos. 415 to 425 of 1994 as all the appeals have arisen out of the common judgment and decree dated 21.9.1993 passed by the Additional District Judge, Rohtak, whereby the 15 land reference petitions filed by the landowners have been dismissed with costs.

(2.) IN brief, the facts giving rise to the filing of the present appeals are that on acquisition of the land situated in six villages, namely, Kanwah, Shajanpur, Rehruwas, Bilochpura, Niwada and Chindawas, all falling in Tehsil Jhajjar, the Land Acquisition Collector (for short 'the Collector') announced the award on 19.9.1978. Dissatisfied with the award of the Collector, some of the landowners (other than the present appellants) filed reference petitions under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act'). The reference petitions were decided and the award was passed by the Additional District Judge, Rohtak, on 17.9.1984. In September 1984, the Act was amended and a new Section 28-A was inserted therein. Consequently, the landowners, whose reference petitions were decided by the Additional District Judge vide award dated 17.9.1984, filed review applications, which were accepted by the Reference Court vide orders dated 7.1.1987, 17.1.1987 and 24.7.1987. Thereafter, some of the landowners, who had not made reference under Section 18 earlier, by taking the benefit of the said orders, filed claim petitions within three months of the acceptance of the Review Applications by the Additional District Judge, under Section 28-A of the Act before the Collector, who rejected all the petitions, but he made references to the District Judge under Section 28-A(3) of the Act. The Additional District Judge accepted references and announced the award on 29.9.1989. The present appellants filed the claim petitions within three months (as prescribed under Section 28-A of the Act) from the date of the latest award of the Additional District Judge dated 29.9.1989. The said petitions were rejected by the Collector vide order dated 30.9.1991 on the ground of limitation. However, references were made to the District Judge. The Additional District Judge vide the impugned award dated 21.9.1993 dismissed the reference petitions filed by the present claimants on the ground of limitation by relying on the judgments passed by this Court.

(3.) SECTION 28-A of the Act is reproduced hereunder for ready reference :-