Decided on May 15,1991



V.K.MEHROTRA,A.J. - (1.) Petitioner, Mohan Lal Revta, has approached this Court for relief through the present writ petition saying that his application for a reference under section 18 of the Land Acquisition Act was wrongly rejected by the Land Acquisition Collector. According to the petitioner, while the proceedings for acquisition of land, including some area belonging to him, were going on and an award had been made in respect of an adjoining land, he applied for a certified copy of the award in respect of his own land on February 12, 1985 before the Land Acquisition Collector (I) HP. P W. D., Shimla. The award was actually announced on September 22, 1985 in his presence, but the particulars thereof were not announced. He accepted the amount of compensation, alongwith several other persons who were also present at the spot, but under protest. The petitioner proceeds to say that on March 5, 1986, an incorrect copy of the award was given to him. He then made inspection of the record on May 3, 1986 and thereafter made an application under section 18 on May 21, 1986 sending it by registered post to the Collector. The application was received in the office of the Collector on May 26, 1986. The application was, however, rejected by an order of April 4, 1988 (Its copy being Annexure P -11 to the writ petition).
(2.) In the present petition, the petitioner has also alleged that a notice dated May 8, 1987 (Annexure P -S to the writ petition) was received by him from the Court of the Collector, Land Acquisition (I), H. P. P.W.D., Shimla, saying that the award in the case was announced on September 22, 1985 and six weeks limitation had elapsed on November 4, 1985 and further that the petitioner should appear before the Collector on June 2, 1987 to defend his case. The petitioner further says that he made an application dated September 2, 1987 {Annexure P -4) to the Collector in which he stated that he had applied for the copies of the award much earlier which were issued on March 5, 1986 when he was not able, in the absence of the details, to assess the claim of less payment and so he made inspection of the records on May 6, 1986 whereafter he submitted an application with a prayer for reference under section 18 to the Collector by post on May 21, 1986. The prayer in this application is that "the case for filing the reference under section 18 of the Land Acquisition Act may kindly be considered and forwarded the same to the learned District Judge, Shimla." This was followed by another communication dated October 1, 1987 (Annexure P -6) with a similar request and containing similar assertions on facts. The petitioner also says that on October 3, 1987. he sent yet another application to the Collector of which a copy is Annexure P -7 to the writ petition. In this application, he prayed that he could understand the details of payment only on May 3, 1986 and so the application made by him for a reference under section 18 was well within time.
(3.) The petitioner received a communication (Annexure P -10) from the Land Acquisition Collector informing him that his petition dated May 26, 1986, (obviously referring to the date when it was received in the office of the Collector) filed against the award of the Collector dated September 2, 1985 was time barred and had been rejected.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.