JAGDISH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) On 23rd June, 1989 the Appropriate Government issued a notification under Section 4 of the Land Acquisition Act, 1864 (for short 'the Act'), acquiring the land in the Revenue Estate of Village Garhi Mandu, Delhi. In this notification, the land of the petitioners in Khasra Nos. 90 (2-20, 14 (2-15), 159 (70-4)m 244 (11-4), 247 (7-6), 204 (1-14), 71 (16-60) in the Revenue Estate of the same Village was also covered. Declaration under Section 6 of the Act was issued on 20th June, 1990. The Collector, in accordance with the provisions of the Act, made an award bearing no. 13/92-93 in relation to the land in question on 19th June, 1992. According to the petitioners they had filed an application under Section 18 of the Act on 27th July, 1992 praying for a reference to the Court of competent jurisdiction for enhancement of the compensation awarded to them under the award. Again on 17th September, 2004, the petitioner claims to have written a letter to the respondents, copy of which is annexed to the writ petition as Annexure P-2, which bears endorsement of receipt from the Office of the Additional District Magistrate, dated 17th September, 2004. The concerned authorities responded to this application and treated it as a petition under Section 18 of the Act. The same was rejected being barred by time vide order of the respondents dated 5th November, 2004, copy of which is annexed to the writ petition as Annexure P-3. It is the contention of the petitioners that this action of the respondents is contrary to law and is factually erroneous in as much as the petitioner had filed an application under Section 18 of the Act as back as on 27th July, 1992. Thus, the application of the petitioners could not have been dismissed on the plea of limitation in terms of the provisions of Section 18 of the Act.

(2.) The petition has been contested by the respondents by filing a counter affidavit as well as by producing the records in Court. The contention on behalf of the respondents is that the alleged application dated 27th July, 1992 was never received by the respondent as such there was no question of referring the same to the Court of competent jurisdiction. The Department, for the first time, received the petition of the petitioner only on 17th September, 2004 and as the same was patently barred by time, so was rejected by the respondents as they have no power to condone the delay or entertain a belated application. The respondents also said before the Court that the petitioner has misled the Court, in fact, he had earlier filed a petition being Civil Writ No. 2613/2002 which was disposed of as not pressed vide order dated 23rd September, 2003 and as such the present writ petition is an abuse of the process of the Court. It is specifically averred that the petitioner has misrepresented the diary number and no signatures of the Receiving Officer are there on the application. In fact, the petitioner never filed the application on 27th July, 1992 and the averments made in the writ petition are contradictory to the averments made by the petitioner in WPC NO. 2613/2002.

(3.) At the very outset, we may refer to the order dated 5th November, 2004 impugned by the petitioner in the present writ petition:- OFFICE OF THE LAND ACQUISITIN COLLECTOR/ADM (NORTH EAST) D.C. OFFICE COMPLEX, NAND NAGRI, DELHI. No.F.LAC/NE/2004/384Dated: 5/11/04 ORDER Reference U/s 18 of the L.A. Act made By Shri Om Prakash & Ors, S/o Shri Puran resident of Vill. New Usmanpur, Delhi-53 against Award No. 13/92-93 dated 19/6/92 of Village Garhi Mandu has been considered by the Competent Authority. The Award was announced on 19-6-92. The reference U/s 18 of L.A. Act was made on 17-09-04. Therefore, the reference was not made within 6 months of Award as provided in the provisions of Section 18 of the Land Acquisition Act. Thus the reference is 'Time Barred'. Hence the reference filed by Shri Om Prakash & Ors. is hereby rejected. (C.R. GARG) LAND ACQUISITION COLLECTOR/ A.D.M. (NORTH EAST) Shri Om Prakash S/o Shri Puran R/o H.No. 164, New Usmanpur, Delhi-110053.