S GULAB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed under Article 226 of the Constitution challenging the order of the Land Acquisition Collector dismissing the application of the petitioner to make a reference under Section 18 of the Land Acquisition Act. on the ground that the dismissal of the same on account of limitation is contrary to law and was made without giving an opportunity of hearing to the petitioner.

(2.) It is not disputed that the name of the petitioner is not shown as owner in the revenue records. The Land Acquisition Collector had made the award in December. 1958 and the application of the petitioner to make a reference under Section 18 was made on 8-2-1962 (copy of which is Annexure A to the Writ Petition). He has mentioned there in that no notice either under Section 9 or Section 12(2) of the Act was served upon him an that only less than a month prior to the application he came to know that his land was acquired. The petition is sought to be resisted n the ground that no notice was served on the petitioner since he was not a person interested in the property in question and yet it is contended that this application was barred by time. Section 18 of the Act enables an application by a "person interested" not accepting the award to be referred by the Collector for the determination of the Court for determining the amount of compensation. Such an application has to be made.

(3.) It was specifically observed by S.K. Das, J. in State of Punjab v. Mst. Qaisar Jeham Begum, that knowledge of the award does not mean a mere knowledge of the fact that an award has been made and that the knowledge must relate to the essential contents of the award which may be known actually or constructively. the impugned order dismissing the application for making a reference under Section 18 of the Act on the ground that it had not been filed within a period of six months from the date of the Collector's award is not correct and has to be quashed. It is hereby quashed.