IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *** 127 (10 cases) Date of Decision: 13.07.2026 1. RFA-53-2024 (O&M) PROJECT DIRECTOR, NHAI … Appellant Versus RAGHUBIR SINGH (DECEASED) THROUGH LRS & OTHERS …Respondents And Sr. No. Case No. Petitioner(s) Respondent(s) 2. RFA-54-2024 (O&M) PROJECT DIRECTOR, NHAI PURAN SINGH (DECEASED) THROUGH LRS & OTHERS 3. RFA-55-2024 (O&M) PROJECT DIRECTOR, NHAI SARDARA SINGH (DECEASED) THROUGH LRS & OTHERS 4. RFA-58-2024 (O&M) PROJECT DIRECTOR, NHAI WASSAN SINGH (DECEASED) THROUGH LRS & OTHERS 5. RFA-56-2024 (O&M) PROJECT DIRECTOR, NHAI AVTAR SINGH & OTHERS 6. RFA-57-2024 (O&M) PROJECT DIRECTOR, NHAI HAZARA SINGH (DECEASED) THROUGH LRS & OTHERS 7. RFA-59-2024 (O&M) PROJECT DIRECTOR, NHAI KIRPAL SINGH (DECEASED) THROUGH LRS & OTHERS 8. RFA-60-2024 (O&M) PROJECT DIRECTOR, NHAI HARJINDER SINGH (DECEASED) THROUGH LRS & OTHERS 9. RFA-61-2024 (O&M) PROJECT DIRECTOR, NHAI SOHAN SINGH (DECEASED) THROUGH LRS & OTHERS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Samarth Sagar, Advocate for appellant. Mr. Inderjit Sharma, Advocate for respondent Nos. 1(i), 1(ii), 1(iii) & 1(iv)(c)(i) (in RFA-53-2024) for respondent Nos. 1(i), 1(iii)(a), 1(iii)(b) & 1(iii)(c) (in RFA-54-2024) for respondent Nos. 1(i) & (ii) (in RFA-55-2024) for respondent Nos. 1(ii), 2(ii), 3(i), 3(ii) & 3(iii) (in RFA-58-2024) PRINCE CHAWLA 2026.07.14 18:02 I attest to the accuracy and integrity of this document RFA-53-2024 (O&M) -2- for respondent No.1 (in RFA-56-2024) for respondent No. 1(i) (in RFA-57-2024) Mr. Puru Jarewal, Deputy Advocate General, Punjab Mr. Veneet Sharma, Advocate for respondent(s) (in RFA-56-2024) *** JAGMOHAN BANSAL, J. (ORAL) 1. The appellant through instant appeal is seeking setting aside of award dated 27.09.2023 whereby learned Additional District Judge, Gurdaspur has enhanced compensation awarded by Land Acquisition Collector (for short ‘Collector’). 2. The State vide notification dated 07.08.1990 issued under Section 4 of the Land Acquisition Act, 1894 (for short ‘1894 Act’) expressed its intention to acquire respondents’ land for public purposes. The aforesaid notification was followed by notification dated 02.08.1991 issued under Section 6 of 1894 Act. Land measuring 98.47 acre was acquired which included land of respondents. The Collector vide award dated 02.09.1993 determined amount of compensation. The respondents did not file reference under Section 18 of 1894 Act, however, similarly situated landowners filed reference under Section 18 and matter came to be referred to Civil Court. Learned ADJ, Gurdaspur vide award dated 20.09.2016 enhanced amount of compensation. The respondent under Section 28A on 27.03.2017 filed application seeking enhancement of compensation on the basis of award dated 20.09.2016 passed by learned ADJ, Gurdaspur which was allowed vide impugned award dated 27.09.2023. PRINCE CHAWLA 2026.07.14 18:02 I attest to the accuracy and integrity of this document RFA-53-2024 (O&M) -3- 3. Learned counsel for the appellant submits that as per Section 28A, application seeking enhancement of compensation can be filed within three months from the date of award passed by Court. In the present case, award in the case of few landowners was passed on 28.09.2016 whereas respondent filed application on 19.03.2019. The Collector has no power to condone delay because it does not fall within the definition of Court. Despite said fact, matter was referred to Court which allowed respondents’ application and awarded compensation at par with previous awards. 4. Per contra, learned counsel for respondents submits that application seeking enhancement under section 28A of 1894 Act was filed on 27.03.2017 and Collector referred the matter on 13.10.2020. In any case, on 19.03.2019, many other references under Section 18 were pending before learned ADJ, Gurdaspur. One reference was adjudicated on 24.10.2019 and another on 30.09.2022. The respondent could file application under section 28A even within three months from 30.09.2022. In such circumstances, there was no delay and contention of appellant is misconceived. 5. Learned counsel for the appellant on being confronted with awards dated 24.10.2019 and 30.09.2022 expressed his inability to controvert that aforesaid awards relate to land which was subject matter of notification in question. 6. Heard the arguments and perused the record. 7. Learned counsel for the parties are ad idem that delay in filing any appeal which is part of present bunch may be condoned. Accordingly, delay, if any, in any case, stands condoned. PRINCE CHAWLA 2026.07.14 18:02 I attest to the accuracy and integrity of this document RFA-53-2024 (O&M) -4- 8. From the perusal of record, it is evident that one reference was adjudicated by learned ADJ, Gurdaspur on 20.09.2016 and two more references were adjudicated on 24.10.2019 and 30.09.2022. The respondent has right to file application under Section 28A within three months from the date of passing award. The appellant is relying upon award dated 20.09.2016, however, in view of awards dated 24.10.2019 and 30.09.2022 by no stretch of imagination it can be concluded that application under Section 28A filed by respondents was barred by limitation. 9. At this stage, learned counsel for the appellant submits that appellant has filed appeals against awards passed by Reference Court which are still pending before this court. This Court in RFA-1257 of 2017 has directed the State to deposit a sum of ₹4,00,000/- per acre along with statutory benefits and interest. The remaining amount has been stayed. The similar order may be passed in the present case. 10. Mr. Inderjit Sharma, Advocate does not oppose the aforesaid prayer. 11. In the wake of statement of both sides, the appeals stand dismissed, however, it is made clear that subject to deposit of ₹4,00,000/- per acre along with statutory benefit and interest within two months from today, the remaining amount shall remain stayed. 12. Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 13.07.2026 Prince Chawla Whether speaking/reasoned Yes/No Whether reportable Yes/No PRINCE CHAWLA 2026.07.14 18:02 I attest to the accuracy and integrity of this document