SWARAN KANTA SURI Vs. M C D

JUDGEMENT

(1.) Land measuring 667 sq. yds. in Khasra No. 2359, Basaidara Pur presently known as Mansarovar Garden, New Delhi was notified for acquisition by a preliminary notification under Section 4 of the Land Acquisition Act on 1.4.2004 A declaration in terms of section 6 followed on 10th November, 2004 The possession of the said land was taken over on 16.5.2005 and handed over to the concerned department on the same date. An Award made by the Collector on 7th April, 2005 determined the compensation payable to land owners at Rs.1.07 crores. Dissatisfied with the said award both in regard to title which was held to be vested in respondent No.5 as also the quantum of compensation payable for the same, the petitioner who claims to be the true owner of the land made an application for a reference in Civil Court under the Land Acquisition Act on 1.6.2005. This application was heard and eventually dismissed by the Collector by an order dated 2.8.2005. The Collector took the view that the title to the land in question had been rightly determined in favour of respondent no. 5 and that the petitioner's claim over the same was not maintainable. The present writ petition filed by the petitioner assails the correctness of the said award.

(2.) We have heard learned counsel for the parties and perused the record. Section 18 of the Land Acquisition Act reads :-

(3.) Sub Section (2) provides the period of limitation within which any such prayer for reference can be made. It stipulates that if the person making the application was present or represented before the Collector, the application must be made within six weeks from the date of the Collector's award. In cases where the person making the application is not represented before the Collector, application can be made within six weeks after the receipt of the notice from the Collector under Section 12 (2) or within six months from the date of the Collector's award, whichever period expires first.