- (1.) MANGAL Singh through present petition filed by him under Articles 226/227 of the Constitution of India seeks issuance of a writ in the nature of Certiorari so as to quash orders Annexures P1 and P2 vide which his application seeking reference under Section 28-A of the Land Acquisition Act was declined by the Land Acquisition Act for sending the matter to the District Judge for adjudication was also dismissed.
(2.) THE only ground for declining reference to the District Judge is that the first award was given by the Court on 13. 2. 979 and, therefore, the reference was barred by time. His application under Section 28-A (3) was also dismissed on the same ground. As stated in the order Annexure P2, there was delay of more than 66 days. It is further stated in the order impugned i. e. Annexure P2 that Section 18-A (8) will come into force only if the party is aggrieved with the award of the Collector under Section 28 (3) and there being no order as to the making of an award under Section 28a (3), proceedings under Section 28a (3) could not be initiated.
(3.) THE contention of learned counsel for the petitioner is that there is no provision in the Land Acquisition Act which might provide that Section 28-A of the Act would apply only in respect of first award given by the Court and the application seeking reference being within three months from one of the awards dealing with the same acquisition wherein the land of the petitioner was acquired, the Land Acquisition Collector had necessarily to make a reference under Section 28a (3) of the Land Acquisition Act. In support of his contention, the learned counsel relies upon "lila Krishan and Ors. v. The Land Acquisition Collector, Urban Estates, Panchkula, Haryana," (1991-2) 100 P. L. R. 65.;