- (1.) This appeal has been filed by the Punjab State through Executive Engineer, Drainage, Patiala. In pursuance of the acquisition of the land measuring 5.46 acres, the Land Acquisition Collector assessed the market value of the acquired land at the following rates :- Chahi : Rs. 16,600/- per acre. Barani : Rs. 13,340/- per acre. Gair Mumkin ... Rs. 6,600/- per acre. The Executive Engineer, Drainage, Patiala sought reference under section 18 of the Land Acquisition Act. The reference was opposed on two grounds by the claimants. In the first instance it was opposed on the ground that the reference was barred by time. In the second instance it was opposed on the ground that the reference was not competent.
(2.) The question of limitation was decided in favour of the appellant, whereas it was held that no reference was competent.
(3.) The State of Punjab has filed the present appeal. Without going into minute details, I think that this appeal is liable to be. dismissed on the short ground that the department has taken possession of the acquired land as far as back on May 31, 1977 and, therefore, the department is debarred from seeking reference in view of the paragraph 47 of Standing Order No. 28 which specifically provides that once possession has been taken, the award of the Collector becomes binding on the Government and that it has got no-power to claim reference to the Court for decreasing the compensation under section 18 of the Act. This being the position, the appeal is without merit and the same is consequently dismissed with no orders as to costs.;