IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.413 of 2004 Date of decision: 20.12.2010 Dr.Y.S.Parmar University of Horticulture and Forestry Nauni, Solan. …. Petitioner Versus State of H.P & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioner: Mr.B.S.Attri, Advocate. For the respondents: Mr.Vivek Singh Thakur, Addl.AG for respondent No.1. Mr.K.D.Sood, counsel for respondents No.2 and 3. _____________________________________________ Deepak Gupta, J.(Oral) 1. Two questions arise for decision in this petition. Firstly, what is the date from which limitation of 90 days is to be computed for filing a reference under Section 28-A of the Land Acquisition Act, 1984? Secondly, whether the delay in filing a petition under Section 28-A can be condoned by applying the principles of Section 5 of the Limitation Act? Both the questions are no longer res integra. 2 2. As far as the first question is concerned, this Court in Dr.Y.S.Parmar University Vs. State of H.P. and others, Shimla Law Cases 2003 (2), 467 clearly held that the right to file an application under Section 28-A arises as soon as an award is passed by the District Judge in proceedings under Section 18 of the said Act, arising out of the same notification. 3. As far as the second question of condonation of delay is concerned, a Division Bench of this Court in CWP No.988 of 2005 titled Savitri Devi Vs. State of H.P and others has held that the application under Section 28-A must be filed within limitation and there is no power to condone the delay in such cases. Therefore, the present petition is allowed and the order of the Land Acquisition Collector referring the case to the District Judge is set aside. No costs. December 20, 2010 ( Deepak Gupta ) (m) Judge