LAWS(P&H)-2015-11-52

BANT RAM AND ORS. Vs. STATE OF HARYANA

Decided On November 16, 2015
Bant Ram And Ors. Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS order will dispose of appeals bearing RFA Nos. 1958 to 1960 and 2939 of 2002, as common question of facts and law are involved therein.

(2.) THE landowners are in appeal against the award of the learned Reference Court dated 19.11.2001 vide which the applications filed by them claiming compensation under Section 48(2) of the Land Acquisition Act, 1894 (for short, 'the Act'), on account of damages suffered by them for withdrawal of notification for acquisition, were dismissed.

(3.) ON the other hand, learned counsel for the State submitted that notifications referred to by the appellants were not withdrawn by the State, hence, the provisions of Section 48 of the Act were not applicable. He further submitted that when the land was acquired whatever compensation the appellants wanted to claim should have been claimed by them by filing the objections. The same having not been done, at a subsequent belated stage, the claim by filing separate application under Section 48(2) of the Act, was not maintainable.