CR No.570 of 2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA 121 SOHAN SINGH (SINCE DECEASED) THROUGH HIS LRS STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. for the petitioner Mr. Gunjan Mehta, Addl. A.G., Punjab. Ms. Deepali Puri, Advocate for HARKESH MANUJA, J. (Oral) CM No.1838-CII of 2023 Prayer made in the application is for impleading the applicant(s) as legal representative For the reasons mentioned in the application, the same is allowed, subject to all just exceptions and the applicant(s) as mentioned in paragraph of the application are ordered to be impleaded as legal petitioner-Sohan Singh Main case [1]. By way of present petition, challenge has been laid to an order dated 09.09.2022 passed by the Department, Punjab, S.A.S. Nagar (Mohali), preferred at the instance of petitioner the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the 2013 Act’) (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.570 of 2023 (O&M) Date of Decision: SOHAN SINGH (SINCE DECEASED) THROUGH HIS LRS Vs STATE OF PUNJAB AND ANOTHER HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Naresh Kaushal, Advocate for the petitioner(s). Mr. Gunjan Mehta, Addl. A.G., Punjab. Ms. Deepali Puri, Advocate for respondent No.2. **** HARKESH MANUJA, J. (Oral) CII of 2023 Prayer made in the application is for impleading the applicant(s) as representative(s) of petitioner, who died on For the reasons mentioned in the application, the same is allowed, subject to all just exceptions and the applicant(s) as mentioned in paragraph of the application are ordered to be impleaded as legal Sohan Singh (deceased) in order to pursue the present case. By way of present petition, challenge has been laid to an order dated passed by the Land Acquisition Collector, Urban Development Department, Punjab, S.A.S. Nagar (Mohali), preferred at the instance of petitioner(s)/landowners Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the 2013 Act’) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.570 of 2023 (O&M) Date of Decision:19.08.2025 SOHAN SINGH (SINCE DECEASED) THROUGH HIS LRS ......Petitioner(s) ....Respondents HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Gunjan Mehta, Addl. A.G., Punjab. Prayer made in the application is for impleading the applicant(s) as , who died on 08.04.2021. For the reasons mentioned in the application, the same is allowed, subject to all just exceptions and the applicant(s) as mentioned in paragraph No.2 of the application are ordered to be impleaded as legal representative(s) of sed) in order to pursue the present case. By way of present petition, challenge has been laid to an order dated Land Acquisition Collector, Urban Development Department, Punjab, S.A.S. Nagar (Mohali), whereby the reference petition )/landowners having invoked Section 64 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the 2013 Act’) seeking 1 Prayer made in the application is for impleading the applicant(s) as For the reasons mentioned in the application, the same is allowed, No.2 (s) of By way of present petition, challenge has been laid to an order dated Land Acquisition Collector, Urban Development reference petition 64 of Right to Fair Compensation and Transparency in Land Acquisition, 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&M) enhancement of compensation against acquisition of land barred by limitation. [2]. Briefly stating, certain land forming part of revenue estate of village Rani Majra, Tehsil Kharar, District S.A.S. Nagar (Mohali) which was owned by the predecessor- purpose, namely New Chandigarh and S.A.S. Nagar vide notifications dated 03.0 12.01.2018 issued under by Award No.569 dated 18.05.2018. In pursuance thereof, the compensation was released in favour of the landowner application/reference petition under Sectio referring/forwarding the matter to the Land Acquisition, Rehabilitation and Resettlement Authority value/compensation was preferred on 21.08.2019. The Land Acquisition Collector vide its order dated 09.09.2022 rejected the same being barred by limitation. [3]. I have heard learned counsel for the parties and gone through the paper book. [4]. Perusal of the instance of petitioner( been declined for the reason that the award under Section 21 of the 2013 Act was announced on 18.05.2018 and an application for release of compensation in terms thereof was filed at the of petitioner(s)/landowner(s) o Acquisition Collector and, thus the predecessor knowledge about the passing of award on the said date and the refer on 21.08.2019 was, therefore, barred by limitation. [5]. Having examined the record of the case in hand, it has come out that the factum of making any such application dated 21/23.05.2018 Acquisition Collector has been speci petition rather, it has been amount in terms of award dated 18.05.2018 was filed before the Land Acquisition (O&M) ent of compensation against acquisition of land barred by limitation. Briefly stating, certain land forming part of revenue estate of village Rani Majra, Tehsil Kharar, District S.A.S. Nagar (Mohali) which was owned by -in-interest of the petitioner(s) came to be acquired for the public namely, for the construction of 200 feet wide Master Plan Road P.R 7 in New Chandigarh and S.A.S. Nagar vide notifications dated 03.0 .01.2018 issued under Sections 11 and 19 of the 2013 Act respectively 569 dated 18.05.2018. In pursuance thereof, the compensation was released in favour of the landowner vide cheque No.726664 dated 08.03.2019 application/reference petition under Sectio referring/forwarding the matter to the Land Acquisition, Rehabilitation and Resettlement Authority with respect to enhancement towards market value/compensation was preferred on 21.08.2019. The Land Acquisition Collector rder dated 09.09.2022 rejected the same being barred by limitation. I have heard learned counsel for the parties and gone through the Perusal of the impugned order that the reference petition preferred at the instance of petitioner(s) having been invoked Section 64 of the 2013 Act has been declined for the reason that the award under Section 21 of the 2013 Act was announced on 18.05.2018 and an application for release of compensation in terms thereof was filed at the of petitioner(s)/landowner(s) on 21/23.05.2018 before the office of Land Acquisition Collector and, thus the predecessor dge about the passing of award on the said date and the refer on 21.08.2019 was, therefore, barred by limitation. Having examined the record of the case in hand, it has come out that factum of making any such application dated 21/23.05.2018 Acquisition Collector has been specifically denied by the petitioner(s) it has been contrarily pleaded that an application for release of the amount in terms of award dated 18.05.2018 was filed before the Land Acquisition ent of compensation against acquisition of land was dismissed being Briefly stating, certain land forming part of revenue estate of village Rani Majra, Tehsil Kharar, District S.A.S. Nagar (Mohali) which was owned by interest of the petitioner(s) came to be acquired for the public for the construction of 200 feet wide Master Plan Road P.R 7 in New Chandigarh and S.A.S. Nagar vide notifications dated 03.01.2017 and Sections 11 and 19 of the 2013 Act respectively followed 569 dated 18.05.2018. In pursuance thereof, the compensation was vide cheque No.726664 dated 08.03.2019. application/reference petition under Section 64 of the 2013 Act for referring/forwarding the matter to the Land Acquisition, Rehabilitation and with respect to enhancement towards market value/compensation was preferred on 21.08.2019. The Land Acquisition Collector rder dated 09.09.2022 rejected the same being barred by limitation. I have heard learned counsel for the parties and gone through the that the reference petition preferred at invoked Section 64 of the 2013 Act has been declined for the reason that the award under Section 21 of the 2013 Act was announced on 18.05.2018 and an application for release of the amount of compensation in terms thereof was filed at the instance of predecessor-in-interest 21/23.05.2018 before the office of Land Acquisition Collector and, thus the predecessor-in-interest was having complete dge about the passing of award on the said date and the reference preferred on 21.08.2019 was, therefore, barred by limitation. Having examined the record of the case in hand, it has come out that factum of making any such application dated 21/23.05.2018 before the Land fically denied by the petitioner(s) in the writ pleaded that an application for release of the amount in terms of award dated 18.05.2018 was filed before the Land Acquisition 2 ismissed being Briefly stating, certain land forming part of revenue estate of village Rani Majra, Tehsil Kharar, District S.A.S. Nagar (Mohali) which was owned by interest of the petitioner(s) came to be acquired for the public for the construction of 200 feet wide Master Plan Road P.R 7 in .2017 and followed 569 dated 18.05.2018. In pursuance thereof, the compensation was An n 64 of the 2013 Act for referring/forwarding the matter to the Land Acquisition, Rehabilitation and with respect to enhancement towards market value/compensation was preferred on 21.08.2019. The Land Acquisition Collector I have heard learned counsel for the parties and gone through the that the reference petition preferred at invoked Section 64 of the 2013 Act has been declined for the reason that the award under Section 21 of the 2013 Act was amount of interest 21/23.05.2018 before the office of Land complete ence preferred Having examined the record of the case in hand, it has come out that before the Land in the writ pleaded that an application for release of the amount in terms of award dated 18.05.2018 was filed before the Land Acquisition MOHMED ATIK 2025.08.20 14:49 I attest to the accuracy and authenticity of this order/judgment CR No.570 of 2023 (O&M) Collector for the first time in March 201 released vide cheque No.726664 dated 08.03.2019. To the contrary, document/application dated 21/23.05.2018 has been placed on record by the respondents to counter the specific averments made in the present revision petition. [6]. In such circumstances once the issue of reference preferred at the instance of petitioner(s) being barred by limitation, becomes disputed question of fact which can only be g petitioner(s)/landowner(s) and that too after framing of a specific issue by the Competent-cum Acquisition Collector while passing the impugned order da afforded any opportunity sustainable being violative of principles of natural justice. [7]. In such circumstances and for the reasons stated hereinabove, the present petition Land Acquisition Collector 64 of 2013 Act, hereby set aside petition to the concerned authority i.e. Reference Court Judge, S.A.S. Nagar (Mohal not done within stipulated time period, cost of Rs.1,00,000/ [8]. Pending application(s), if any shall also stand disposed of. August 19, 2025 Atik Whether speaking/reasoned Whether reportable (O&M) Collector for the first time in March 2019 and released vide cheque No.726664 dated 08.03.2019. To the contrary, document/application dated 21/23.05.2018 has been placed on record by the to counter the specific averments made in the present revision petition. In such circumstances once the issue of reference preferred at the instance of petitioner(s) being barred by limitation, becomes disputed question of fact which can only be gone into after affording an opportunity to the petitioner(s)/landowner(s) and that too after framing of a specific issue by the cum-Appropriate Authority under 2013 Act Acquisition Collector while passing the impugned order da opportunity of hearing to the petitioner(s) sustainable being violative of principles of natural justice. In such circumstances and for the reasons stated hereinabove, the present petition is allowed; the impugned order dated 09.09.2022 passed by the Land Acquisition Collector dismissing application/reference petition 64 of 2013 Act, filed at the instance of petitioner(s) being barred by limitation is hereby set aside and respondent No.1 is requested to forward the petition to the concerned authority i.e. Reference Court Judge, S.A.S. Nagar (Mohali) within four weeks from today. not done within stipulated time period, the respondent No. cost of Rs.1,00,000/- to the petitioner(s). Pending application(s), if any shall also stand disposed of. 5 Whether speaking/reasoned Yes/No Whether reportable Yes/No 9 and thereafter the compensation was released vide cheque No.726664 dated 08.03.2019. To the contrary, no such document/application dated 21/23.05.2018 has been placed on record by the to counter the specific averments made in the present revision petition. In such circumstances once the issue of reference preferred at the instance of petitioner(s) being barred by limitation, becomes disputed question of one into after affording an opportunity to the petitioner(s)/landowner(s) and that too after framing of a specific issue by the Appropriate Authority under 2013 Act. Moreover, the Land Acquisition Collector while passing the impugned order dated 09.09.2022 never of hearing to the petitioner(s) and thus, same is even un sustainable being violative of principles of natural justice. In such circumstances and for the reasons stated hereinabove, the is allowed; the impugned order dated 09.09.2022 passed by the dismissing application/reference petition under Section filed at the instance of petitioner(s) being barred by limitation is ndent No.1 is requested to forward the said reference petition to the concerned authority i.e. Reference Court-cum-Additional District i) within four weeks from today. In case the needful is the respondent No.1 shall be liable to pay Pending application(s), if any shall also stand disposed of. (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 compensation was such document/application dated 21/23.05.2018 has been placed on record by the to counter the specific averments made in the present revision petition. In such circumstances once the issue of reference preferred at the instance of petitioner(s) being barred by limitation, becomes disputed question of one into after affording an opportunity to the petitioner(s)/landowner(s) and that too after framing of a specific issue by the . Moreover, the Land ted 09.09.2022 never and thus, same is even un- In such circumstances and for the reasons stated hereinabove, the is allowed; the impugned order dated 09.09.2022 passed by the under Section filed at the instance of petitioner(s) being barred by limitation is reference Additional District In case the needful is shall be liable to pay MOHMED ATIK 2025.08.20 14:49 I attest to the accuracy and authenticity of this order/judgment