- (1.) The present appeal has been filed against the award dated 9.10.2012, whereby the learned court below dismissed the objections filed by the land owners on account of delay.
(2.) Briefly, the facts are that land situated in revenue estate of Patiala, was sought to be acquired by the State of Punjab, vide notification dated 14.12.1982, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'). The Land Acquisition Collector (for short, 'the Collector') vide award dated 23.3.1984 assessed the market value of the acquired land @ Rs. 50,000/- per acre. Aggrieved against the award of the Collector, the land owners filed objections on 14.11.2008, which were referred to the learned Additional District Judge, Patiala, who keeping in view the material placed on record by the parties, dismissed the objections filed by the landowners being time barred vide award dated 9.10.2012. It is this award which is impugned in the present appeal by the landowners.
(3.) Learned counsel for the appellants submitted that in the case of other landowners, whose land was acquired vide same notification, have been awarded higher compensation, whereas only the appellants have been discriminated. They have filed application under Section 18 of the Act against award dated 17.5.1986 for making reference to the learned District Judge, Patiala, for assessment of fair compensation. They were under the impression that the counsel engaged by them for filing application against the award dated 17.5.1986, has filed the application against the award dated 23.3.1984. But when they came to know that no such application has been filed against the award dated 23.3.1984, they filed the application before the Additional District Judge, Patiala, who vide award dated 9.10.2012, dismissed the same being time barred. It was submitted that the findings recorded by the learned court below that the reference filed by the land owners was time barred, are totally erroneous. He submitted that in terms of the provisions of Section 18 of the Act, the objections could be filed within six weeks from the date of award in case the land owners are present at the time of pronouncement of the award. In other cases, it would be within 6 weeks of the receipt of the notice from the Collector under Section 12 (2) of the Act or within six months from the date of the Collector's award, whichever period expires first. The submission is that in the present case, the land was acquired vide notification under Section 4 of the Act dated 14.12.1982. The award was announced by the Collector on 23.3.1984. The objections, which were filed on 14.11.2008, were within limitation of six months as enumerated under Section 18 (2) of the Act as the period of limitation provided for therein has been interpreted to mean that the same has to be filed within six months from the date of knowledge of the award. On 29.3.2008, the appellants came to know about that previous counsel has not filed the reference, immediately thereafter they filed the objections, the same should be considered as the date of knowledge.;