BANTA SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the order of the Extra Assistant Colonization Officer, exercising the powers of Collector, rejecting the application of the petitioners under Sec. 18 of the Land Acquisition Act (for brevity the Act) for making a reference to the Land Acquisition Court, on the ground that they had accepted the compensation without protest.

(2.) The revision petition was filed beyond limitation and an application under Sec. 5 of the Limitation Act (Civil Miscellaneous No. 5052-CII of 1981) was filed for condoning the delay for belated filing of the revision petition. The, learned Single Judge who disposed of the application under Sec. 5 of the Limitation Act examined the record and after perusing the same came to the conclusion that the application under section 18 of the Act was disposed of without affording an opportunity of hearing to the petitioners. It is unfortunate that this petition was not disposed of at an early date.

(3.) Admittedly, an application under Sec. 18 of the Act was filed by the petitioners within limitation for making a reference to the Land Acquisition Court. It is riot clear from the record that the compensation was accepted after filing of the application under Sec. 18 of the Act. The subsequent acceptance of the compensation by the claimant/landowners would not debar them from asking for the reference merely on the ground that it was not stated in the application that the compensation was not received under protest. The dispute which has to be resolved is whether the claimants have waived their right to ask for a reference under Sec. 18 of the Act expressly or impliedly by accepting the compensation. If a protest against compensation awarded is recorded in the application, it will be assumed that the compensation was accepted under protest. The respondent has not placed any material before me as to at what stage the application under Sec. 18 of the Act was filed. The Land Acquisition Collector had disposed of the application without affording an opportunity of hearing to the claimants.