JAGAT SINGH Vs. PUNJAB STATE & OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order of the Land Acquisition Collector, Hoshiarpur, dated May 24, 1976 dismissing the application under Section 18 of the Land Acquisition Act for making reference, as barred by time. The Collector after appreciating the evidence has found that the petitioner was served with a notice under Section 12(2) of the said Act by affixation at his residence. In the alternative, he held that the petitioner had come to know of the award, in any case, on May 4.1972. On these findings the application which was made on September 14, 1972, was held to be barred by time.

(2.) The first finding of the Collector that a notice was duly served cannot be sustained because for substituted service mere affixation on the house where the petitioner ordinarily lived was not enough. The provisions of Sections 45(3) further require that the notice shall also be affixed on some conspicuous part of the land to be acquired. Admittedly, this was not done. Thus by affixation of the notice on the dwelling house of the petitioner, no proper service in accordance with law was effected.

(3.) On the second finding, the Collector obviously committed an error of law because limitation for filing the application is six months from the date of the knowledge of the award. If the petitioner came to know of the award on May 4, 1972, the application moved by him on September 14, 1972 was within six months and could not be stated to be barred by time by any stretch of reasoning. The order of the Collector, therefore, cannot be sustained on any of the two grounds.