HARI SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The claimant/landowner is in appeal against the award dated 26.3.2014, rendered by the Reference Court, vide which his claim under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act'), was dismissed being barred by time.

(2.) Vide award dated 14.6.2010, the Land Acquisition Collector assessed the market value of the acquired land at Rs. 60,00,000/- per acre. The appellant filed objections under Section 18 of the Act on 27.2011. And, he purport to have acquired knowledge of the award rendered by the Collector only when he actually visited the visited the Halqua Patwari. However, no date, month or even the year when he actually visited the Patwari and even the purpose of his visit was specified. In fact, the appellant moved a specific application under Section 5 of the Limitation Act, for he knew that his claim petition was barred by limitation. So much so, he even failed to appear as his own witness in support of his claim. And, led no evidence. Thus, the only and the inevitable conclusion the Reference Court could reach, was to dismiss the objections being barred by time.

(3.) Learned counsel for the appellant could not point out as to how the conclusion arrived at by the Reference Court was either contrary to the record or suffered from any material illegality. Faced with this situation, he submits that he be permitted to withdraw the appeal, with liberty to the appellant to resort to the remedy envisaged under Section 28-A of the Act, for re-determination of compensation. For, vide impugned award itself, the Reference Court had enhanced the compensation awarded to the other landowners to Rs. 1,77,71,110/- per acre. And, subsequently, in the appeals arising out of the same acquisition, this Court vide judgment dated 27.05.2016, rendered in RFA No. 5316 of 2014 (O&M) [Pushpender Kumar and others v. State of Haryana and another] and other connected matters, has further enhanced the compensation. In support of his prayer he relies upon an order and judgment of this Court rendered in the case of Ompal v. State of Haryana and others [RFA No. 6990 of 2013 (O&M), decided on 01.07.2015] and other connected matters.