JAY MANGAL PATEL Vs. COLLECTOR DISTRICT RAIGARH

JUDGEMENT

(1.) This Civil Revision has been preferred against the order dtd. 7/12/2023 passed by the Collector, Raigarh (C.G) whereby, the application preferred by the applicant under Sec. 18 of the Land Acquisition Act, 1894 ( in short '"the Act, 1894"') for making a reference in respect of enhancement of the award of compensation passed in the Land Acquisition Case No.19/v-82/2009-10 Village Khairpur, has been rejected on the ground that the said application has been moved after 6 months from the date of passing of the award and the applicant has also not mentioned any reason for delay in filing the same.

(2.) Brief facts of the case are that the applicant's land bearing Khasra No.519/1 ad-measuring 0.049 Hectare situated at Village Khairpur, Tehsil and District Raigarh was acquired for construction of road and an award was passed on 22/3/2012 by the Land Acquisition Officer (Annexure P/2). On 14/5/2012 immediately after passing of the award, the applicant moved an application (Annexure P/3) for determination of the compensation @ 3,600/- as per the guideline. In this petition, it has been stated that on such date the applicant had prayed to refer the matter to the competent Court for determination of proper compensation. On 5/11/2014, 2/1/2015 and 17/5/2023 the applicant has filed application for sending the reference. Thereafter, the applicant has moved a Writ Petition before this Court bearing WPC No.3427/2023, wherein, the applicant made a limited prayer to decide the application preferred by him on 2/1/2015 by the concerned authority within stipulated time, which was not opposed by the State counsel.

(3.) Thereafter, the impugned order (Annexure P/1) was passed by the Collector holding that the reference application was not filed within limitation and dismissed the prayer for making reference. Hence, this Revision.