JHAKRI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ram Mohan, learned counsel for the appellants and Sri Girish Vishwakarma, learned Standing Counsel appearing for the State respondents and perused the record.

(2.) Present appeal has been filed challenging the judgement and order dated 27.11.1997 whereby reference passed by the District Judge, Siddharthnagar in Reference No. 13 of 1992 (Jhakri and another vs. State of UP and others) was dismissed.

(3.) The land belong the appellants being khata no. 85 gata no. 511 village Belsarh, Pargana Naugarh, District Siddharthnagar was acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter after referred to as the 'Act'). A notification under Section 4 of the Act was issued on 11.9.1990 and published on 13.9.1990. The notification under Section 6 of the Act was issued on 14.9.1990. Possession of the land in question was taken on 14.5.1991. The award was passed by the Special Land Acquisition Officer on 14.5.1991. The appellants allegedly lifted the amount awarded under protest on 16.5.1991. A reference was made by the appellants on being dissatisfied with the amount awarded under Section 18 of the Act. An objection was raised that the reference was time barred. The Reference Court framed two issues; one, whether compensation has been awarded at a lesser rate and if yes, its effect and second, whether the reference is time barred or not. The second issue was decided first. While deciding the issue, it was found that admittedly, the award was passed on 14.5.1991. The case of the claimants-appellants before the Court below was that they filed the reference on 20.5.1991 hence the same was within time. The case of the State of UP was that the reference was sent on 20.10.1991 and the same was clearly time barred. Noticing the fact that the Court fee ticket pasted on the reference was dated 14.1.1992 and that the reference sent by the District Collector on 20.10.1991 it was held that the same was clearly time barred. It was also noticed that in paragraph 6 of the memo of reference under Section 18 of the Act it was clearly stated that the claimants have raised objection on 18.5.1991 and 27.7.1991 by means of amendment. In paragraph 7-A of subsequently amended memo of reference it was alleged that the reference was in fact made on 20.5.1991.