R.F.A. No.3296 of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. No.3296 of 2002 Date of Decision: 14.10.2009 Shakuntala Devi and Others .....Appellants. Versus The State of Haryana through Collector, Sonepat and others .....Respondents. CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present: Mr.Hari Om Sharma, Advocate for the appellant. Mr. H.S.Hooda, Advocate General Haryana assisted by Mr.Ashish Sharma, DAG, Haryana. Mr.Ragujit Singh Madan Addvocate, for HUDA. Ajay Kumar Mittal,J.(oral) This appeal has been filed by the landowners impugning the award dated 27.03.2002 whereby the Reference Court dismissed the reference sought by them for enhancement of the amount of compensation granted by the Land Acquisition Collector for their acquired land. Briefly stated the facts of the case are that the State of Haryana vide notification dated 09.11.1992 issued under Section 4 of the Land Acquisition Act, 1894(for short 'the Act') which was published in the Haryana Gazettee(extra-ordinary) on the same day R.F.A. No.3296 of 2002 2 acquired total 649 kanals and 05 Marlas of land including the land of the appellants situated in village Qumaspur, Hadbast No.88, Tehsil and District Sonepat, for development and utilization of the same for residential and commercial area in Sector-7 HUDA at Sonepat. Notification under Section 6 of the Act was published on 06.11.1993. The Land Acquisition Collector vide award dated 05.11.1995 fixed the price of the acquired land at the rate of Rs.4.00 lacs per acre for the area falling on both the sides of the G.T Road upto four acres; Rs.2.50 lacs per acre for Chahi/Nehri; Rs.1.40 per acre for Barani and Rs.1.00 lac per acre for Gair Moursi remaining land. Claimant-landowners were not satisfied with the quantum of the compensation awarded by the Land Acquisition Collector and sought reference under Section 18 of the Act. Issue no.1A was framed to the following effect: 1A. Whether the present references are within time?OPP. The Reference Court while deciding issue no.1A, held the reference filed by the present appellants to be time barred and accordingly dismissed the same. Learned counsel for the appellants raised solitary contention that in view of the assessment of the market value of the acquired land at Rs.200/- per square yard in the cases of similarly situated persons,the same may also be granted to the claimant- landowners. He however, did not raise any argument to assail the R.F.A. No.3296 of 2002 3 finding of the reference court on isssue No.1A that the reference sought by the landowners was time barred. I have considered the submission of learned counsel for the appellants. According to the reference Court, the Land Acquisition Collector had given the award on 5.11.1995 and therefore, the reference to the Collector could be made within six months i.e upto 04.05.1996. The present appellants claimed reference on 1.5.1998 which was clearly barred by about two years. Once the finding of the reference court holding the reference sought by the landowner-claimants as time barred is maintained, then the landowners are not entitled to enhanced compensation on the basis of parity. There is, therefore, no merit in the appeal and the same is hereby dismissed. No costs. 14.10.2009 (Ajay Kumar Mittal) Seema-II Judge