IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10125 of 2010 Date of decision: 13.10.2010 Beant Singh and another …..Petitioners versus State of Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Gurdev Singh Present: Mr.C.M. Munjal, Advocate for the petitioners Mr.Manohar Lall, Addl.A.G. Punjab for respondent Nos.1 & 2 Mr.Paramjit Batta, Advocate with Mr.Dhirender Chopra, Advocate with for respondent No.3. Jasbir Singh, J. (Oral) This order will dispose of four writ petitions bearing CWP Nos.10125, 10146, 10169 and 15925 of 2010, involving similar questions of law and facts. For the purpose of dictating order, facts are being mentioned from CWP No.10125 of 2010. Counsel for the parties heard. Vide notification dated 30.11.1992 issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act), 31 acres 1 kanal and 3 marla of land, including land of the petitioners, was sought to be acquired for establishment of a “new grain market”, at Bhikhi. Declaration under Section 6 was issued on 25.11.1993. The Collector passed the award on 9.4.1994, awarding compensation @ ` 45,019/- for Nehri and ` 59,378/- for Gair Mumkin land. Some of the land owners filed application under Civil Writ Petition No.10125 of 2010 Section 18 of the Act, claiming enhancement of compensation. Their application was disposed of by the District Judge, Mansa, vide award dated 20.2.2004. Compensation was awarded by dividing the land into three lots. For the first lot, compensation was granted @ ` 140 per square yard, for the second lot @ ` 120/- per square yard and for the third lot @ ` 100/- per square yard. It appears that thereafter, the petitioners filed an application on 11.3.2008, claiming enhanced amount of compensation. That application was dismissed by the Collector by passing the following order:- “Application by Beant Singh, Bhola Singh sons of Gola Singh son of Chander Singh, through guardian Mukthar Kaur widow of Gola Singh (mother), resident of village Bhikha district Mansa. One application was received through post from Pritam Singh, Harnek Singh, Labh Singh sons of Bachan Singh residents of Bhikhi, Distt. Mansa. The case was perused. There is no order from any court for payment of compensation to the applicant. This application can not be heard, as there is no order of any Court. Therefore no proceedings are required to be conducted by this office. Case be consigned to record.” A reading of the order, mentioned above, clearly indicates that application was dismissed on the ground that no order passed by the competent Court, for payment of compensation is in existence. We are of the opinion that above said order was not justified. The Collector, at the time of deciding that application, has not adjudicated upon as to whether application filed by the petitioners was within time or not. It is also an admitted fact that the State of Punjab went in appeal against award passed by the District Judge on 20.2.2004. Appeal filed by 2 Civil Writ Petition No.10125 of 2010 the State of Punjab bearing RFA No.2082 of 2004 was partly allowed by this Court vide order dated 15.7.2009 and the compensation for the acquired land was fixed at ` 90/- per square yard. Admittedly, the petitioners were not a party to that litigation. Under these circumstances, we are of the opinion that a right has accrued to the petitioners to move application for getting enhanced amount of compensation, after passing of a judgment by this Court on 15.7.2009, as the petitioners were not a party in that litigation so knowledge of passing of the judgment cannot be imputed to them and accordingly, the limitation, as envisaged under Section 28-A of the Act shall not be attracted against them. Copy of the judgment passed in RFA No.2082 of 2004 has been shown to the Court and counsel for the petitioners today in Court. In view of facts mentioned above, we dispose of these writ petitions and allow the petitioners to move application under Section 28-A of the Act to claim compensation, as determined by this Court in RFA No.2082 of 2004, decided on 15.7.2009. As the petitioners did not have any knowledge regarding passing of the above said judgment, question of limitation shall not be raised against them. The petitioners are directed to file application under Section 28-A of the Act within fifteen days from today. The Collector is directed to decide the matter expeditiously as per law. (Jasbir Singh) Judge 13.10.2010 (Gurdev Singh) gk Judge 3