Y.S.PARMAR UNIVERSITY Vs. GRAM PANCHAYAT GADOGH

JUDGEMENT

(1.) THESE appeals have been preferred by the Dr. Y.S. Parmar University against the award made by the learned Additional District Judge, Solan in all the land reference petitions which were tried and disposed of by the learned Court by a common judgment. The petitions out of which these appeals arise were filed under Section 28 -A of the Land Acquisition Act, 1984 (hereinafter referred to as the ˜Act) claiming enhanced compensation on the basis that the land of the petitioners was acquired by the same notification which was the subject matter of litigation between the University and other land owners who had preferred reference petitions under Section 18 of the Act. It is undisputed before me that all the petitions, subject matter of these appeals, have been preferred after decision of the Supreme Court in appeal against the judgment rendered by this Court in the acquisition proceedings for the land acquired by for the University. The question for consideration in these appeals is as to whether the provisions of Section 28 -A of the Act mandate that an application for determination of compensation can be filed after the decision of the High Court/Supreme Court or the decision of the Reference Court is to be considered as the starting point of limitation.

(2.) LEARNED counsel also supports his submission from the ratio of the judgment of this Court in Dr. Y.S. Parmar University Vs. State of H.P. and others 2003(2) Shim.L.C. 467 holding

(3.) LEARNED counsel appearing for the respondents submits that there is a merger of judgments and it is the ultimate judgment/order passed in appeal either by the High Court or the Supreme Court which would constitute the starting point for calculating limitation for the purpose of filing an application under Section 28 -A of the Act. He places reliance on a decision of the Supreme Court in Union of India vs. Munshi Ram (2006) 4 SCC 538 holding: