IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.70 of 2007. Decided on: March 3,2010. Raghunath Singh and others. ….. Petitioners. Versus Sate of H.P. and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioners : Ms. Shweta Julka, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, Dy. Advocate General. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioners are aggrieved since their application under Section 28A(3) for re-determination of the compensation awarded under the Land Acquisition Act has been rejected on the ground of delay. The petitioners made an application under Section 28A(1) for re-determination and the Collector passed an Award under Section 28A(2) declining to grant full relief to the petitioners. That order was passed in the presence of the petitioners on 14.6.2005. Dissatisfied, the petitioners wanted to pursue the matter before the Court and hence made a request dated 1.8.2005 before the Collector to refer the matter to the Court. That application was rejected by the Collector as per Annexure P-3 (order), stating that the application is beyond the permitted period of six weeks. Six weeks is computed under Section 18(2) of the Act since the procedure under Section 18 is to be followed for a Reference under Section 28A(3). At the time of argument, it is brought to our notice that under the State amendment, the Collector is empowered to condone the delay in -2- case the Collector is satisfied that the delay occurred owing to circumstances beyond the control of the applicants. Therefore, the petitioners seek an opportunity to approach the Collector. Hence, without expressing any opinion as to the merits and other contentions taken in the matter, we dispose of the writ petition as follows: In the event of the petitioners approaching the Collector by an appropriate application for condonation of delay in filing the application for Reference under Section 28A(3), the Collector shall consider the matter in exercise of his power vested in him for condonation of delay and pass appropriate order on its merits within another three months, subject to the petitioners filing an appropriate application within one month from today. In case the petitioners seek an opportunity of hearing, the same shall also be granted. With these observations, the writ petition stands disposed of and so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice March 3, 2010. ( V.K. Ahuja ), (ks) Judge.