RFA No.1126 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1126 of 2011 (O&M) Date of decision:18.10.2011 Nirmaljit Singh ....Appellant Versus Land Acquisition Collector, Abohar and others ....Respondents RFA No.1127 of 2011 (O&M) Ramandeep Singh and another ...Appellants Versus Land Acquisition Collector, Abohar and others ...Respondents RFA No.1128 of 2011 (O&M) Jasmer Kaur ...Appellant Versus Land Acquisition Collector, Abohar and others ...Respondents RFA No.643 of 2011 (O&M) Jasveer Singh and another ...Appellants Versus Union of India and others ...Respondents RFA No.405 of 2011 (O&M) Fateh Chand ...Appellant Versus Union of India and others ...Respondents RFA No.406 of 2011 (O&M) Shanti Devi widow of Mallu Ram and others ...Appellants Versus Union of India and others ...Respondents RFA No.1126 of 2011 (O&M) 2 RFA No.407 of 2011 (O&M) Surinder Kumar ...Appellant Versus Union of India and others ...Respondents RFA No.408 of 2011 (O&M) Kalawanti ...Appellant Versus Union of India and others ...Respondents RFA No.409 of 2011 (O&M) Om Parkash and others ...Appellants Versus Union of India and others ...Respondents RFA No.410 of 2011 (O&M) Ved Parkash ...Appellant Versus Union of India and others ...Respondents RFA No.411 of 2011 (O&M) Pritam Singh and others ...Appellants Versus Union of India and others ...Respondents RFA No.412 of 2011 (O&M) Ram Kumar ...Appellant Versus Union of India and others ...Respondents RFA No.413 of 2011 (O&M) Bahadar Ram ...Appellant Versus Union of India and others ...Respondents RFA No.1126 of 2011 (O&M) 3 RFA No.414 of 2011 (O&M) Dharam Pal and others ...Appellants Versus Union of India and others ...Respondents RFA No.472 of 2011 (O&M) Satish Kumar ...Appellant Versus Union Government of India and others ...Respondents RFA No.473 of 2011 (O&M) Surjit Singh ...Appellant Versus Union Government of India and others ...Respondents RFA No.474 of 2011 (O&M) Gurdip Singh ...Appellant Versus Union Government of India and others ...Respondents RFA No.475 of 2011 (O&M) Nachhattar Singh ...Appellant Versus Union Government of India and others ...Respondents RFA No.476 of 2011 (O&M) Nachhattar Singh ...Appellant Versus Union Government of India and others ...Respondents RFA No.477 of 2011 (O&M) Dalip Singh ...Appellant Versus Union Government of India and others ...Respondents RFA No.1126 of 2011 (O&M) 4 RFA No.478 of 2011 (O&M) Khazan Singh ...Appellant Versus Union Government of India and others ...Respondents RFA No.479 of 2011 (O&M) Veer Singh and another ...Appellants Versus Union Government of India and others ...Respondents RFA No.480 of 2011 (O&M) Monica Rani and others ...Appellants Versus Union Government of India and others ...Respondents RFA No.647 of 2011 (O&M) Baljit Singh and others ...Appellants Versus Union of India and others ...Respondents RFA No.2893 of 2011 (O&M) Nand Kishore ...Appellant Versus Union Government of India and others ...Respondents RFA No.2894 of 2011 (O&M) Sunit Inder Singh and another ...Appellants Versus Union Government of India and others ...Respondents RFA No.2908 of 2011 (O&M) Kishore Singh and others ...Appellants Versus Union of India and others ...Respondents RFA No.1126 of 2011 (O&M) 5 RFA No.2921 of 2011 (O&M) Mukand Lal ...Appellant Versus Union Government of India and others ...Respondents RFA No.2922 of 2011 (O&M) Mahabir ...Appellant Versus Union Government of India and others ...Respondents RFA No.2923 of 2011 (O&M) Ashok Kumar and others ...Appellants Versus Union Government of India and others ...Respondents RFA No.2924 of 2011 (O&M) Ashok Kumar and others ...Appellants Versus Union Government of India and others ...Respondents RFA No.2925 of 2011 (O&M) Ashok Kumar and others ...Appellants Versus Union Government of India and others ...Respondents RFA No.1619 of 2011 (O&M) Gurmeet Kaur and another ...Appellants Versus Union Government of India and others ...Respondents RFA No.1662 of 2011 (O&M) Resham Singh ...Appellant Versus Union Government of India and others ...Respondents RFA No.1126 of 2011 (O&M) 6 RFA No.611 of 2011 (O&M) Balwinder Kaur and others ...Appellants Versus Union Government of India and others ...Respondents RFA No.613 of 2011 (O&M) Sheesh Pal ...Appellant Versus Union Government of India and others ...Respondents RFA No.614 of 2011 (O&M) Simarjit Kaur ...Appellant Versus Union Government of India and others ...Respondents RFA No.1217 of 2011 (O&M) Dalbir Singh and others ...Appellants Versus Union of India and another ...Respondents RFA No.1218 of 2011 (O&M) Tarsem Singh and another ...Appellants Versus Union of India and another ...Respondents RFA No.1219 of 2011 (O&M) Chhinderpal Kaur and others ...Appellants Versus Union of India and others ...Respondents RFA No.1220 of 2011 (O&M) Smt. Chhinder Pal Kaur ...Appellant Versus Union of India and others ...Respondents RFA No.1126 of 2011 (O&M) 7 RFA No.1628 of 2011 (O&M) Rajesh Kumar and others ...Appellants Versus Union of India and others ...Respondents RFA No.1629 of 2011 (O&M) Rakesh Kumar ...Appellant Versus Union of India and others ...Respondents RFA No.1630 of 2011 (O&M) Smt. Darshana Rani ...Appellant Versus Union of India and others ...Respondents RFA No.1631 of 2011 (O&M) Smt. Shivani ...Appellant Versus Union of India and others ...Respondents RFA No.1632 of 2011 (O&M) Subhash Chander ...Appellant Versus Union of India and others ...Respondents RFA No.1633 of 2011 (O&M) Ramesh Kumar ...Appellant Versus Union of India and others ...Respondents RFA No.1634 of 2011 (O&M) Smt. Darshana Rani ...Appellant Versus Union of India and others ...Respondents RFA No.1126 of 2011 (O&M) 8 RFA No.2910 of 2011 (O&M) Balkar Singh and others ...Appellants Versus Punjab State and another ...Respondents RFA No.2911 of 2011 (O&M) Dalip Singh ...Appellant Versus Punjab State and another ...Respondents RFA No.5414 of 2010 (O&M) Jagjit Singh and another ...Appellants Versus Punjab State and another ...Respondents RFA No.5415 of 2010 (O&M) Hari Om and others ...Appellants Versus Punjab State and another ...Respondents RFA No.5416 of 2010 (O&M) Avtar Singh ...Appellant Versus Punjab State and another ...Respondents RFA No.5417 of 2010 (O&M) Major Singh ...Appellant Versus Punjab State and another ...Respondents RFA No.5418 of 2010 (O&M) Nishan Singh and another ...Appellants Versus Punjab State and another ...Respondents RFA No.1126 of 2011 (O&M) 9 RFA No.5419 of 2010 (O&M) Kabal Singh and others ...Appellants Versus Punjab State and another ...Respondents RFA No.5420 of 2010 (O&M) Gejo d/o Boor Singh and another ...Appellants Versus Punjab State and another ...Respondents RFA No.5421 of 2010 (O&M) Harbhajan Singh and another ...Appellants Versus Punjab State and another ...Respondents RFA No.5422 of 2010 (O&M) Kuldeep Singh and others ...Appellants Versus Punjab State and another ...Respondents RFA No.5423 of 2010 (O&M) Gurdial Singh and another ...Appellants Versus Punjab State and another ...Respondents RFA No.5424 of 2010 (O&M) Baldev Singh and others ...Appellants Versus Punjab State and another ...Respondents CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG 1. Whether reporters of local newspapers may be allowed to see judgment ? 2. To be referred to reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. A.K.Khunger, Advocate for the appellant(s) in RFA Nos.1126 to 1128 of 2011. RFA No.1126 of 2011 (O&M) 10 Mr. C.M.Munjal, Advocate for the appellant(s) in RFA Nos.405 to 414 of 2011 and 1217 to 1220 of 2011, 2910 and 2911 of 2011 and 5414 to 5424 of 2010, 1628 to 1634, 1619 & 1662 of 2011. Mr. Amit Aggarwal, Advocate for the appellant(s) in RFA Nos.472 to 480 of 2011, 2893 and 2894 of 2011. Mr. Aseem Kataria, Advocate for the appellant(s) in RFA No.611, 613 and 614, 1619, 1662,2910,2911 and 2921 to 2925 of 2011. Mr. Surinder Kapoor, Addl. Advocate General, Haryana. Mr. Puneet Jindal, Advocate for the respondents-Union of India. Mr. Rajiv Sharma, Advocate for the respondents-Union of India. * * * RAKESH KUMAR GARG, J (ORAL) Applications for condonation of delay There is a delay in filing of these appeals, which ranges from 05 days to 100 days. Notice of these applications were given to the respondents. After hearing learned counsel for the parties, the delay in filing of these appeals is condoned. Main Appeals This judgment shall dispose of the aforesaid Regular First Appeals, as a common question of law on similar facts have arisen in these appeals. However, for the convenience of the Court, the facts are taken from RFA No.1126 of 2011. Land of the appellants was acquired vide notification dated 28th March, 2003 for construction of Railway Line in between Abohar and Fazilka. Land Acquisition Collector assessed the market value of land and passed award on 28th February, 2005. The RFA No.1126 of 2011 (O&M) 11 appellants filed an application under Section 18 of the Land Acquisition Act for referring the matter to the Reference Court for determination of the market value of the land contending that the compensation awarded by the Land Acquisition Collector was inadequate. The aforesaid land references were contested by the respondents on various grounds including the ground of limitation. The issue was framed by the reference Court whether the claim petition is within limitation. The aforesaid issue was framed on 04.10.2010 and the case was adjourned to 1.11.2010. On the date fixed the land reference was dismissed as time barred vide impugned award. It is not in dispute that parties were not allowed any opportunity to lead evidence to prove the aforesaid issue. It is well settled that question of limitation is a mix question of law and facts and, thus, in view of this Court, it was imperative upon the Reference Court to allow the parties an opportunity to lead evidence in support of their case. Counsel appearing on behalf of respondents could not dispute the aforesaid settled proposition of law. It may also be relevant to notice that in RFA Nos.611, 613, 614, 2921 to 2925 of 2011, 2910 and 2911 of 2011 land-owners were given an opportunity to lead evidence but despite opportunity no evidence was led and the reference applications were dismissed as time barred. It may be relevant to refer a judgment of the Hon'ble Supreme Court in -Union of India and another vs. Hansoli Devi and others AIR 2002 SC 3240:- “When an application of a land owner under RFA No.1126 of 2011 (O&M) 12 S.18 is dismissed on the ground of delay, then the said land owner is entitled to make an application under S.28-A if other conditions prescribed therein are fulfilled.” Since the appellants in these appeals will be entitled to make an application under Section 28-A for redetermination of compensation on the basis of the award of the reference Court to be passed after remand of other connected cases, this Court deem it appropriate to set aside the impugned award in these cases also and to allow them an opportunity to prove their case alongwith other landowners of the connected cases. Moreover, no prejudice is going to be caused to the respondents in this manner. Thus, keeping in view the aforesaid discussion, these appeals are allowed, the impugned award of the Reference Court dismissing the reference applications as time barred are set aside, the reference applications are remanded back to the Reference Court for deciding the same afresh, after granting adequate opportunities to the parties to lead evidence in support of their respective cases. Parties through their counsels are directed to appear before the Reference Court on 12.12.2011. A photocopy of this order be placed on the files of other connected cases. October 18, 2011 (RAKESH KUMAR GARG) savita JUDGE