Swatanter Kumar, J. - (1.) Learned Counsel for the petitioner with tenacity argued that the Collector has no jurisdiction to dismiss an application preferred by a claimant, under Section 18 of the Land Acquisition Act, hereinafter referred to as the Act, on the ground of limitation, while panoplically advancing this argument he placed reliance upon a judgment of Single Bench judgment of this Court in the case of Jit Singh v. Land Acquisition Collector, PWD and B& R Branch, Hissar.
(2.) In order to determine whether this argument would yield any fruitful result to the petitioner or would in entirely be an obdurate reference to basic facts would be necessary. Land belonging to the applicant Telu Ram along with other co-owners, situated in revenue estate of village Jathlana, Tehsil Jagadhri, District Yamuna Nagar, was acquired wide Award No. 3 dated 19/5/1995. This land was acquired for setting up 66 KVA Power Sub-Station at Jathlana. Compensation was assessed at the rate of Rs. 1,50,000.00 per acre with 30 per cent solatium and additional amount under Section 23(1-A) of the Act with effect from 3/5/1994 to 19/5/1995. In addition to this, other claims of individual claimants were also settled and dealt with by the Competent Authority. The compensation was paid to the applicants between 3.1.1996 to 6.8.1996. Dissatisfied with the extent of the amount awarded on account of compensation payable to the claimants for acquisition of their respective lands, the applicants including the petitioner preferred references under Section 18 of the Act. The Land Acquisition Collector vide his order dated 27.10.1999 dismissed the applications as being barred by time and even on merits while relying upon Section 31 of the Act. It is this order, which has been challenged in this revision petition by one of the applicants.
(3.) Now it will be appropriate to refer to the contentions raised by the learned Assistant Advocate General, Haryana. It was contended that the Collector has jurisdiction to dismiss an application presented to him after the expiry of six weeks from the date of pronouncement of the award in accordance with the provisions of Section 18 of the Act and that the applicants having received the payment without prejudice to their rights and without protests, the claim petition under Section 18 of the Act, was hit by the provisions of Section 31 of the Act.;