SRI KISHAN Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Land of all the Petitioners in these connected writ petitions was acquired under the provisions of the Land Acquisition Act. It has not been disputed that the award was given in the case of all the Petitioners on 3-1-1986. The applications for making a reference under Section 18 of the Land Acquisition Act admittedly, has been made after six months, from the date of the award. The aforesaid applications moved by the Petitioners have been rejected by the Special Land Acquisition Officer (Avas) Coelenterate. Kanpur Nagar by the similar orders passed in all the cases on 20th March, 1987. The applications have been rejected on the grounds that they are not in accordance with the provisions of the Act and have not been filed within the prescribed period of limitation.

(2.) At the admission stage, the parties have exchanged counter and rejoinder affidavits and the present writ petitions are being disposed of finally in accordance with the Roles of the Court.

(3.) The learned Counsel for the Petitioners has urged before us relying en a decision of the Supreme Court Raja Harish Chandra Raj Singh v. the Deputy Land Acquisition Officer, 1961 AIR(SC) 1506, that the limitation should have been counted from the date of either communication of the award or when the award becomes known to the Petitioners. it has been urged that the Petitioners were not present before the Special Land Acquisition Officer and had no knowledge of the award and thus the limitation. should have been counted from the date when the Petitioner had come to know of the award, Proviso (a) and (b) to Sub-section (2) of section 18 of the Land Acquisition Act provides as follows: