- (1.) This appeal has been preferred against the judgment dated 30th January, 1997 passed by learned Special Judge, Land Acquisition, Koderma in connection with Land Reference Case No.162 of 1989 whereby the learned Special Judge, Land Acquisition, Koderma has dismissed the case mainly on the ground that the reference was barred by limitation and it was not preferred within time, as required u/s 18 of the Land Acquisition Act.
(2.) The brief facts of the case is that land measuring an area 5.54 acres under Khata No.1016 and 1017 of village Tilaiya, P.S.Koderma, Thana No.244, district - Hazaribagh was acquired vide notification No. PLA 2/8182 for the use of Krishi Utpad Bazar Samiti, Jhumri Tilaiya. The notice u/s 12(2) of the Land Acquisition Act relating to award No.6 of Rs.2,51,332.50 was sent to the appellant and other landlords on 12.02.1987. The appellant, after receipt of the notice, raised objection vide letter dated 19th February, 1987 through registered post. The copy of the said letter has been marked Exhibit2. The acknowledgment indicting service of said notice has been marked Exhibit3 and the registered receipt has been marked Exhibit4.
(3.) The learned Special Judge, Land Acquisition did not consider said letter Exhibit2 as an objection u/s 18 of the Land Acquisition Act and dismissed the reference on the ground that no objection as required u/s 18 of the Land Acquisition Act was raised by the appellant within time and therefore, held that the reference was barred u/s 18 of the Land Acquisition Act and dismissed the case and hence this appeal.;