LAWS(P&H)-1991-2-173

JIT SINGH Vs. LAND ACQUISITION COLLECTOR

Decided On February 17, 1991
JIT SINGH Appellant
V/S
LAND ACQUISITION COLLECTOR Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the Land Acquisition Collector, dated 21st September, 1988, whereby the application field on behalf of the petitioner-claimant for claiming a reference under Section 18 of the Land Acquisition Act, was dismissed on the ground that it was time barred.

(2.) In this case, the award of the Collector is dated 27th March, 1987 whereas the application for reference was made on 11th May, 1987, which has been rejected by the Collector as time-barred without giving any reasons.

(3.) The learned counsel for the petitioner submitted that it was not for the Collector to decide whether the application for reference was within time or not. The collector should refer the matter to the District Judge leaving the question open. In support of the contention, the learned counsel relied upon Dharm Pal v. The Collector Land Acquisition Urban Development and another, 1987 RRR 356. On the other hand, the learned counsel for the respondent submitted that the petitioner has no interest in the land acquired hence he has no right to claim reference.