M/S Muskan Promotors Pvt Ltd Rohtak v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

1. RFA-4014-2018 Date of decision: 14.07.2022 M/S MUSKAN PROMOTORS PVT LTD ..Appellant

Versus

STATE OF HARYANA AND ORS ..Respondents

2. RFA-1517-2019 M/S AKASH DEEP HOUSING DEVELOPMENT FINANCE PVT LTD ..Appellant

Versus

STATE OF HARYANA AND ORS ..Respondents

3. RFA-1519-2019 M/S AKASH DEEP HOUSING DEVELOPMENT FINANCE PVT LTD ..Appellant

Versus

STATE OF HARYANA AND ORS ..Respondents

4. RFA-1520-2019 M/S AKASH DEEP HOUSING DEVELOPMENT FINANCE PVT LTD ..Appellant

Versus

STATE OF HARYANA AND ORS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Deepak Thapar, Advocate Mr. C.B. Goel, Advocate for the landowners.

Mr. Shivendra Swaroop, AAG, Haryana.

Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. Pritam Singh Saini, Advocate Mr. Vidul Kapoor, Advocate for HSIIDC.

MOHD AYUB 2022.07.21 12:29 I attest to the accuracy and integrity of this document.

RFA-4014-2018 and -2other connected cases ANIL KSHETARPAL, J(Oral) As per the findings arrived at by the Reference Court, the respective applications filed under Section 18 of the Land Acquisition Act, 1894, before the Land Acquisition Collector were presented beyond the prescribed time. Thus, the Reference Court has dismissed the reference applications. A Larger Bench of the Hon'ble Supreme Court in Mohd. Hasnuddin Vs. State of Maharashtra (1979) 2 SCC 572, has held that such reference, even if made, is without jurisdiction and neither the Land Acquisition Collector nor the Reference Court has any power to condone the delay.

Consequently, the appeals are dismissed.

All the pending miscellaneous applications, if any, are also disposed of.

July 14th, 2022 (ANIL KSHETARPAL) Ay JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHD AYUB 2022.07.21 12:29 I attest to the accuracy and integrity of this document.