1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 1601 of 2008. Date of Decision : 7.11.2008 M/S. Cosco Blossoms Pvt. Ltd. Petitioner. VERSUS State of Haryana and others. Respondents. CORAM : HON'BLE MR. JUSTICE M.M.KUMAR. HON'BLE MR. JUSTICE JORA SINGH. --- Present:- Mr. Shailendra Jain, Advocate, for the petitioner. Ms. Palika Monga, Assistant Advocate General, Haryana. --- 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the digest? M.M.KUMAR,J. It is admitted position that the Award dated 26.5.2006 (Annexure P-11) and Award dated 12.11.2007 (Annexure P-12) passed by respondent No.2 in respect of the super structure are pending consideration before the Reference Court and the petitioner has claimed enhanced compensation under Section 18 of the Land Acquisition Act, 1894 ( for brevity ' the Act'). In the instant petition the prayer made is that Clause (6) of the Award dated 26.5.2006 ( Annexure P-11) be set aside because it states that 2 C.W.P.No. 1601 of 2008. possession of the land was taken on the date of the Award dated 25.5.2006 and the award in respect of super structure states that possession was taken on 12.11.2007 which was in respect of super structure. Mr. Jain learned counsel for the petitioner has pointed out from the letters dated 15.11.2007 and 5.1.2008 that the super structure was still standing on the land and respondent No.3 has been asking the petitioner to hand over the possession. After hearing learned counsel for the parties we are of the considered view, that where the Reference has been made with regard to the amount of compensation in respect Awards concerning land and super structure, then other issue concerning the compensation including the date of taking possession could be raised before the Reference Court. If the petitioner failed to convince the reference Court, remedy of appeal is available before this Court. Therefore, we are of the considered view that the matter needs determination at the hands of the Reference Court and accordingly, the petitioner is relegated to the Reference Court to avail the remedy with liberty to raise all the issues raised in the instant petition before the Reference Court . The petitioner is also given liberty to amend the ground of challenge to the awards taken in the application filed under Section 18 by taking appropriate steps. If such an application is moved, within one month from the date of receipt of copy of this order, then the same shall be 3 C.W.P.No. 1601 of 2008. entertained by the Reference Court without raising any objection with regard to the Limitation as the writ petition has been pending in this Court. The Reference Court is directed to decide the reference expeditiously preferably within a period of six months from the date of receipt of the copy of this order . The writ petition stands disposed of in the above terms. (M.M.KUMAR ) JUDGE 7.11.2008 ( JORA SINGH) Anoop JUDGE