KA KRIKSIBON KHARKONGOR Vs. DEPUTY COMMISSIONER AND COLLECTOR

JUDGEMENT

(1.) THIS application under Section 115 of the C.P.C. and/or Article 227 of the Constitution of India impugns the order of the Deputy Commissioner, hereinafter referred to as 'the Collector', Khasi Hills, Shillong rejecting the petitioner's application in Land Acquisition case No. L. 14/5/51 of 1965 for reference under Section 30 of the Land Acquisition Act, 1894, hereinafter called 'the Act', on the ground of limitation.

(2.) THE petitioner - Ka Kriksibon Kharkongor @ Mrs. R.E. Haffield states to have lived together in public as husband and wife so as to constitute it valid marriage under Khasi customary law with late R.E. Haffield till the latter's death in the year 1953 in Valley View Bungalow at Upper Shillong, whereafter she has been living therein; and by Khasi customary law, is the sole heir of all the movable and immovable properties of her late husband, including the 93 acres of land of Spread Engle Falls, commonly known as Umkaliar, acquired in the case for-defence purposes. She further states that she was unaware of the acquisition and did not receive any notice issued under Section 4 of the Act, the declaration under Section 6 of the Act and the notice under Section 9 of the Act; and consequently, she could not file any objection in the acquisition proceedings. She happened to know about the proceedings from Mr. A.S. Khongphai and Ka Dallis Nora Rumnong only when they filed claim application for compensation of the land and the Collector passed award in favour of the former on 8-2-1974 awarding Rupees 25,48,429.92.p. The petitioner also states that Mr. A.S. Khongphai also has, in collusion with the brother of her late husband obtained Letters of Administration, whereto she filed an application for revocation under Section 263 of the Indian Succession Act.

(3.) ON 1-12-1977 the Collector in his order observed -