BHAGWAN DAS Vs. STATE OF UP

JUDGEMENT

(1.) Leave granted. The lands of appellants within the municipal limits of Bisanda were acquired for establishing a Upmandi by Krishi Utpadan Mandi Samiti under preliminary notification dated 31.01.2004 and final notification dated 20.03.2006.

(2.) An award was made by the Land Acquisition Collector on 14.03.2007. The appellants were served a notice on 25.10.2007 by the office of the Collector to appear and receive the compensation.

(3.) The respondents made enquiries and on 16.11.2007 learnt that an award had been made on 14.3.2007. Immediately they made an application seeking a reference under section 18 of the Land Acquisition Act, 1894 ('Act' for short) to the civil court for determination of compensation. The Collector, Banda vide his order dated 19.12.2007 rejected the application seeking reference, on the ground that it was made beyond a period of six months from the date of the award, prescribed under Section 18(2) of the Act.