IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 133 CR-2074-2026 (O&M) Date of Decision: 28.07.2026 SUDHAN (DECEASED) THROUGH HIS LR …Petitioner Vs. STATE OF HARYANA AND ORS. …Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Ms. Indu Bala, Advocate for the petitioner Mr. Priyavrat Parashar, Addl. A.G. Haryana Mr. Jagdish Manchanda, Sr. Advocate with Mr. Nischal Chetanya Manchanda, Advocate, Mr. Akash Choudhary, Advocate and Mr. Jatin Sardana, Advocate for respondent-HSIIDC *** JAGMOHAN BANSAL, J. (ORAL) 1. The petitioner through instant petition under Article 227 of the Constitution of India is seeking setting aside of order dated 20.10.2023 whereby District Revenue Officer-cum-Land Acquisition Collector (for short ‘Collector’) has dismissed petitioner’s application seeking redetermination of compensation under Section 28A of Land Acquisition Act, 1894 (for short ‘1894 Act’). 2. The petitioner’s land was acquired by respondent. The Collector passed award which was not challenged by petitioner, however, other landowners preferred reference petitions which came to be allowed vide award dated 09.04.2014. The petitioner on the basis of said award DEEPAK BISSYAN 2026.07.28 16:53 I attest to the accuracy and authenticity of this order/judgment CR-2074-2026 -2- preferred an application dated 25.03.2019 under Section 28A seeking enhanced compensation. The respondent by impugned order has rejected his application on the ground of limitation. Section 28A of 1894 Act reads as:- “28A. Re-determination of the amount of compensation on the basis of the award of the Court (1) Where in an award under this Part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section II, the persons interested in all the other land covered by the same notification under section 4, sub- section (I) and who arc also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court; Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (I), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the court and the DEEPAK BISSYAN 2026.07.28 16:53 I attest to the accuracy and authenticity of this order/judgment CR-2074-2026 -3- provisions of sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under section 18.” 3. On being asked, learned counsel for petitioner could not point out any provision or judicial precedent permitting Collector to condone delay in filing application under Section 28A beyond the prescribed period. 4. Concededly there was delay in filing application under Section 28A of 1894 Act. The Collector had no power to condone delay, thus, he has rightly dismissed petitioner’s application. 5. Dismissed. 6. Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE July 28, 2026 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2026.07.28 16:53 I attest to the accuracy and authenticity of this order/judgment