The High Court
Case Details
1 CR No.570 of 2023 (O (O&M) IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 121 CR No.570 Date of De o.570 of 2023 (O&M) of Decision:19.08.2025 SOHAN SINGH NGH (SINCE DECEASED) THROU ROUGH HIS LRS STATE OF PUN PUNJAB AND ANOTHER ....Respondents Vs ......Petitioner(s) CORAM: HON' ON'BLE MR. JUSTICE HARKESH ESH MANUJA Mr. Naresh Kaushal, Advocate Present: Mr. for the petitioner(s). for th Mr. Gunjan Mehta, Addl. A.G., Punj Mr. G ., Punjab. Ms. D Ms. Deepali Puri, Advocate for respondent No.2. for HARKESH MAN **** MANUJA, J. (Oral) CM No.1838-CII CII of 2023 Prayer made in the application is fo Praye n is for impleading the applicant(s) a nt(s) as legal representativ entative(s) of petitioner, who died on ed on 08.04.2021. For the reasons mentioned in the a For t the application, the same is allowe allowed, subject to all just ll just exceptions and the applicant(s) cant(s) as mentioned in paragraph No No.2 of the applicatio lication are ordered to be implead pleaded as legal representative(s) o (s) of petitioner-Sohan S ohan Singh (deceased) in order to purs to pursue the present case. Main case [1]. By way of present petition, challeng By w allenge has been laid to an order date er dated 09.09.2022 passe passed by the Land Acquisition sition Collector, Urban Developme lopment Department, Pun t, Punjab, S.A.S. Nagar (Mohali), hali), whereby the reference petitio petition preferred at the in t the instance of petitioner(s)/landown ndowners having invoked Section 64 64 of the Right to F to Fair Compensation and Trans Transparency in Land Acquisitio uisition, Rehabilitation an ion and Resettlement Act, 2013 (for 3 (for short ‘the 2013 Act’) seekin seeking MOHMED ATIK 2025.08.20 14:49 I attest to the accuracy and authenticity of this order/judgment CR No.570 of 2023 (O (O&M) 2 enhancement of nt of compensation against acquisitio quisition of land was dismissed bein d being barred by limitatio mitation. [2]. Briefly stating, certain land forming Brief rming part of revenue estate of villag f village Rani Majra, Tehs , Tehsil Kharar, District S.A.S. Naga . Nagar (Mohali) which was owned b ned by the predecessor- -in-interest of the petitioner(s) ca r(s) came to be acquired for the publ e public purpose, namely mely, for the construction of 200 feet 0 feet wide Master Plan Road P.R 7 P.R 7 in New Chandigarh digarh and S.A.S. Nagar vide noti e notifications dated 03.01.2017 an 17 and 12.01.2018 issued issued under Sections 11 and 19 of th 9 of the 2013 Act respectively followe ollowed by Award No.569 569 dated 18.05.2018. In pursuanc rsuance thereof, the compensation wa ion was released in favour favour of the landowner vide cheque heque No.726664 dated 08.03.2019. An application/refere /reference petition under Sectio ection 64 of ct the 2013 Act for fo referring/forwardi rwarding the matter to the Land Land Acquisition, Rehabilitation an ion and Resettlement A nt Authority with respect to enhancement to towards mark market value/compensati ensation was preferred on 21.08.2019 8.2019. The Land Acquisition Collecto ollector vide its order date er dated 09.09.2022 rejected the same same being barred by limitation. [3]. paper book. [4]. I have heard learned counsel for th I hav for the parties and gone through th ugh the Perusal of the impugned order that t Perus that the reference petition preferred erred at the instance of pe e of petitioner(s) having been invoked nvoked Section 64 of the 2013 Act ha Act has been declined for ed for the reason that the award unde under Section 21 of the 2013 Act wa Act was announced on 1 on 18.05.2018 and an application cation for release of the amount o ount of compensation in on in terms thereof was filed at the t the instance of predecessor-in-intere interest of petitioner(s)/l er(s)/landowner(s) on 21/23.05.201 05.2018 before the office of Lan f Land Acquisition Colle Collector and, thus the predecessor cessor-in-interest was having comple omplete knowledge about about the passing of award on the said he said date and the reference preferre referred on 21.08.2019 wa itation. 19 was, therefore, barred by limitation [5]. Having examined the record of the c Havi f the case in hand, it has come out th out that the factum of ma of making any such application date n dated 21/23.05.2018 before the Lan he Land Acquisition Colle Collector has been specifically denie denied by the petitioner(s) in the wr the writ petition rather, it it has been contrarily pleaded tha ed that an application for release of th e of the amount in terms o terms of award dated 18.05.2018 was 8 was filed before the Land Acquisitio uisition MOHMED ATIK 2025.08.20 14:49 I attest to the accuracy and authenticity of this order/judgment CR No.570 of 2023 (O (O&M) 3 Collector for the
Legal Reasoning
or the first time in March 2019 and 9 and thereafter the compensation wa ion was released vide ch de cheque No.726664 dated 08.03.2 08.03.2019. To the contrary, no suc such document/applica pplication dated 21/23.05.2018 has 8 has been placed on record by th by the respondents to co to counter the specific averments mad ts made in the present revision petition petition. [6]. In such circumstances once the iss In su the issue of reference preferred at th d at the instance of petitio petitioner(s) being barred by limitatio mitation, becomes disputed question o stion of fact which can can only be gone into after af ter affording an opportunity to th to the petitioner(s)/lando )/landowner(s) and that too after fra ter framing of a specific issue by th by the Competent-cum cum-Appropriate Authority under 2 nder 2013 Act. Moreover, the Lan e Land Acquisition Colle Collector while passing the impugn pugned order dated 09.09.2022 nev 2 never afforded any oppo opportunity of hearing to the petitio ven un- petitioner(s) and thus, same is even un sustainable being being violative of principles of natural natural justice. [7]. In such circumstances and for the In su or the reasons stated hereinabove, th ove, the present petition ition is allowed; the impugned order order dated 09.09.2022 passed by th by the Land Acquisition isition Collector dismissing application lication/reference petition under Sectio Section 64 of 2013 Act, Act, filed at the instance of petitione titioner(s) being barred by limitation tation is hereby set aside aside and respondent No.1 is request equested to forward the said referenc eference petition to the co the concerned authority i.e. Referenc eference Court-cum-Additional Distri District Judge, S.A.S. Nag .S. Nagar (Mohali) within four weeks eeks from today. In case the needful edful is not done within s ithin stipulated time period, the respo respondent No.1 shall be liable to pa e to pay cost of Rs.1,00,00 ,00,000/- to the petitioner(s). [8]. Pending application(s), if any shall a Pend
Decision
shall also stand disposed of. 5 August 19, 2025 Atik (HARKESH MANUJA) JUDGE Whe Whether speaking/reasoned Whether reportable Whe Yes/N Yes/No Yes/No Yes/N MOHMED ATIK 2025.08.20 14:49 I attest to the accuracy and authenticity of this order/judgment