POKHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By notification publish d on 3lst January, 1973, the State of Haryana acquired 132 acres of land in village Bohar, District Rohtak for Betting up Tourist Complex and a lake in that area. The Land Acquisition Collector by his award dated 26th November, 1973, allowed compensation at the rate of Rs. 6,000/- per acre. The claimant felt dissatisfied and sought reference under Section-18 of the Land Acquisition Act (hereinafter called the Act), which came up for consideration before the Additional District Judge, Rohtak who on the contest of the parties framed five issues out of which be following two issues are relevant for the decision of this case. 1. Whether the petition or reference made by the claimant is barred by time as the award was announced on 28-11-1978 while the application for making reference was made on 14-1-1974?

(2.) What was the market value of the land in question on the date of notification under Section 4 of the Land Acquisition Act? 2. After evidence was led, the Additional District Judge by his order dated 8lst August, 1978 decided the first issue against the claimant and held that the reference application was time barred inasmuch as the award was given on 28th November, 1973, when the claimant was present in pursuance of notice issued under Section 9. of the Act and the reference application was filed on l4th January 1974 beyond forty two days, as required by Section 18 of the Act.

(3.) On the other issue it came to the conclusion that the market value of the acquired land was Rs. 100/- per marla, but since the reference application was held to be time barred, the same was declined. Feeling, dissatisfied the claimant has come up in appeal to this Court.