(1.) The petitioner in this petition challenges the orders of respondent No. 1 Special Land Acquisition Officer dated June 16 1971 by which he refused to make this reference under sec. 18(2) of the hand Acquisition Act 1894 hereinafter referred to as the Act on the ground that the application of the petitioner claimant was time-barred and he also refused to condone the delay.
(2.) The award was in the present case made on January 5 1971 and it was not pronounced in the presence of the parties and no date of 1 pronouncement had been fixed. The alleged notice under sec. 12(2) was served on January 13 1971 merely stating the true area and the total compensation amount of Rs. 1865-73 P. without any grounds for making that award. The petitioner therefore made an application for a certified copy of that award on January 22 1971 which was supplied oily on March 26 1971 The application for reference was made on April 16 1971 The petitioners case is that the award having been communicated actually on March 26 1971 which for the first time fastened him with the requisite notice under sec. 12(2) the reference application made on April 16 1971 was clearly within time of six weeks. In any event the petitioner claimed condonation of this relevant period for getting actual notice of the award made against him.
(3.) Sec. 18(2) requires that the Reference application shall be made to the Collector :-