BADRIDHAR DIWAN Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) The present appeal arises from judgment and order dated 18.7.2008 passed by the First Additional District Judge, Bilaspur in Civil Suit No.44-A/2007 pursuant to a reference made under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by the Collector consequent to the land acquisition proceedings relating to the lands of the Appellant.

(2.) It is not a disputed fact that the award under Section 12 of the Act was published on 30.4.2003 and confirmed by the Collector on 25.6.2003. An application for reference under Section 18 of the Act was made by the Appellant before the Collector on 23.7.2004.

(3.) Learned Counsel for the Appellant sought to persuade us with regard to the erroneous consideration of the prayer for enhancement of compensation and also that immediately after publication of the award, the Appellant had filed an application before the Collector within the period of limitation prescribed in Section 18. It was therefore urged that the impugned order is erroneous when it holds that the reference was time barred. The Court may therefore go into the merits of the order under appeal and determine the appropriate compensation payable in accordance with law.