KARTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The land of the appellant was notified by way of notification dated 24.7.1998 issued under Section 4 of the Land Acquisition Act, followed by declaration dated 4.8.1998 under Section 6 of the aforesaid Act. The award number 06/LAC/CL/2000 came to be passed by the Land Acquisition Collector on 3.8.2000. The compensation was fixed by the Land Acquisition Collector @ Rs.11.20 lac per acre. Being dissatisfied with the compensation awarded to him, the appellant sought a reference under Section 18 of the Land Acquisition Act. The reference was forwarded by the Land Acquisition Collector on 30.5.2001. However, while forwarding the reference, the Land Acquisition Collector, recorded that a notice under Section 12(2) of the Act dated 30.5.2001 was sent to the appellant which was received by him on 2.6.2001 and despite that he had submitted the reference on 12.9.2001, which was beyond three months, though it ought to have been within 42 days and, therefore, the reference petition was rejected on 17.3.2004.

(2.) On the reference being made to the learned Additional District Judge, a written statement was filed by the respondent-Union of India and in the said written statement a preliminary objection was taken that the reference was barred by limitation and, therefore, was not maintainable. It was further stated in the written statement that despite issue of statutory notice on the petitioner, he failed to file the reference petition within the prescribed period and, therefore, the petition was barred by limitation. No replication to the written statement was filed and no issue on the plea of limitation taken by the respondent was framed. The learned Additional District Judge vide impugned order dated 24.12.2008 rejected the reference as barred by limitation. Section 18(2) of the Land Acquisition Act which prescribes the period of limitation for filing reference under sub-section 1 of the said Section reads as under:

(3.) It would thus be seen that if a person seeking reference was present either in person or through a counsel at the time the award was made, the reference is to be sought within six weeks from the date of the award and in other cases it can be sought within six weeks of receipt of notice from the Collector under Section 12(2) of the Act or within six months from the date of the award, whichever period expires first.