COLLECTOR Vs. UPINDER KUMAR

JUDGEMENT

(1.) The Collector, Land Acquisition. Mandi, has preferred this appeal from the award of the learned Additional District Judge, Himachal Pradesh, at Mandi, dated 31st May, 1966 and the learned counsel tor the appellant has confined his challenge only to two issuer namely issues Nos. 1 and 4. Issue No. 1 deals with the question of limitation of the reference under section 18 of the Land Acquisition Act (here after called the Act) to the District Judge and issue No. 4 raises the question whether the land comprising Khasra Nos. 188/1 and 714/367/1 has not vested in the Himachal Pradesh Government.

(2.) Dealing first with the issue of limitation, the Collector's award is dated 3 1st March, 1962, which is recorded to be the date of announcement. There is also an endorsement dated 8th June, 1962 showing that the copy of the award was forwarded to : -

(3.) The question, therefore, arises whether on the present record, the application for reference is within limitation. The learned Additional District Judge has observed that e applicant before him had no notice of the acquisition proceedings, nor had any notice been recerved by him because the amount awarded in bis favour had been deposited in the treasury and as soon as he came to know about it. he filed the application, which would be within time if it is computed from the date of his knowledge.