Decided on July 22,1999

Ab Shakoor Appellant


ARUN KUMAR GOEL, J. - (1.) PETITIONERS questioned the order passed by respondent No.1 in a file No. 5/97 -98, dated 1/7/97, rejecting application u/s 18 of the Land acquisition Act (hereinafter referred to the Act), and requiring the said respondent to refer the matter for determination by the court so far it concerned compensation.
(2.) CASE of the petitioners as projected in the writ petition is that award in this case appears to have been finalised on 3l/8/96. After receipt of notice under sections 9 and 9 - A of the Act vide Annexure -A to the writ petition, claim was filed by them before the authority concerned in response to it vide Annexure -B. It appears that proceedings finally terminated in the finalisation of the award supra by the respondent No. 1.
(3.) COPY of this award is annexed by the respondents alongwith their objections to this writ petition as Annexure R -1. A reference to it indicates that there is nothing on record to suggest whether any of the petitioners and or their attorney was present at the time when it was pronounced. In addition to this there is also nothing on the file attached by the respondents alongwith their objections to indicate that notice of award was issued to any of the petitioners as required under law. Petitioners submit that they came to know of the passing of the impugned award on 19th March. 1997 when their attorney after he had gone to the office of the respondent No. 1 to enquire about proceedings. Amount was received vide acquitance role on 19/3/97 by the attorney holder under protest. An application was filed claiming Rs. 60,000/ - per kanal while objecting to the grant of Rs. 25,000/ - per kanal, failing which prayer was made that matter was referred to the arbitrator for adjudication. This is the substance of the application under section 18 of the Act. In these circumstances further case of the petitioners is that from the date they came to know (in the absence of notice being issued by the respondent No.1) regarding passing of impugned award, reference application is well within time and therefore impugned order dated 1/7/97 Annexure -E to the writ petition was liable to be quashed.;

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