Rajesh Bindal, J. - (1.) THIS order will dispose of RFA Nos. 805 and 1922 of 2006, as the same arise out of common acquisition.
(2.) THE present appeals have been filed against the award dated 31.10.2005, whereby the learned court below dismissed the objections filed by the land owners on account of delay. Briefly, the facts are that land situated in revenue estate of village Mewla Maharajpur, Hadbast No. 4, Tehsil Ballabgarh, District Faridabad, was sought to be acquired by the State of Haryana for development and utilisation thereof as Industrial Area in Sectors 31, 32, 35 and 36, vide notification dated 4.11.1977, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'). The Land Acquisition Collector (for short, 'the Collector') vide award dated 2.5.1984 assessed the market value of the acquired land. Aggrieved against the award of the Collector, the land owners filed objections, which were referred to the learned Additional District Judge, who keeping in view the material placed on record by the parties, dismissed the objections filed by the landowners being time barred vide award dated 31.10.2005. It is this award which is impugned in both the appeals.
(3.) LEARNED counsel for the appellants submitted that in the case of other landowners, whose land was acquired vide same notification, have been awarded higher compensation, whereas only the appellants have been discriminated. They could not prefer objections immediately after the award was passed as there were problems in the family. The appellants were held up in that. It was further submitted that the findings recorded by the learned court below that the reference filed by the land owners was time barred, are totally erroneous. He submitted that in terms of the provisions of Section 18 of the Act, the objections could be filed within six weeks from the date of award in case the land owners are present at the time of pronouncement of the award. In other cases, it would be within 6 weeks of the receipt of the notice from the Collector under Section 12(2) of the Act or within six months from the date of the Collector's award, whichever period expires first. The submission is that in the present case, the land was acquired vide notification under Section 4 of the Act dated 4.11.1977. Though the award was announced on 2.5.1984, but the amount of compensation was not paid to the land owners at that time, and the objections, which were filed on 6.7.2001 were within limitation of six months as enumerated under Section 18(2) of the Act. The period of limitation provided for therein has been interpreted to mean that the same has to be filed within six months from the date of knowledge of the award. On 3.7.2001, the appellants came to know about the filing of cases for enhancement and immediately thereafter they filed the objections, the same should be considered as the date of knowledge.;