STATE OF PUNJAB Vs. SATINDER BIR SINGH

JUDGEMENT

(1.) This appeal by special leave arises from the order of the Single Judge of the High court of Punjab and Haryana dated 25/4/1977 made in Civil revision Application No. 512 of 1973. The facts lie in a short compass for deciding the controversy. They are:

(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894, (for short "the Act") was published in the State Gazette on 15/1/1970 acquiring 40 kanals 17 marlas of land situated in Mohali Village, Tehsil kharar, District Ropar in Punjab for public purpose. The Collector made his award under Section 11 of the Act on 1/8/1970. He issued notice under section 12 (2 and it was received by the respondent on 22/9/1970. He appeared and received compensation under protest on 29/9/1970. Thereafter, he made an application under Section 18 on 21/1/1971 seeking reference to the civil court. The Collector by his proceedings dated 12/1/1973 had rejected the application as being barred by limitation. Calling in question the order, the respondent filed revision in the High court under Section 115 as provided under the local Amendment Act, 1954 by Ss. (3 of Section 18 of the Act. The High court allowed the revision holding that though the respondent had received the notice on 22/9/1970, the notice did not contain all the details as to how market value of the land was evaluated; the respondent was not in a position to know the determination of thecompensation for making an application for reference under Section 18. Therefore, it is not a proper notice and the limitation prescribed under Section 18 (2 has no application.

(3.) The only question that arises for consideration is whether the High court was right in its conclusion that the notice issued under Section 12 (2 should contain all the details of the award. Section II of the Act contemplates that while making the award the Collector needs to determine (i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land; and (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.