STATE OF PUNJAB Vs. LAND ACQUISITION COLLECTOR KAPURTHALA

JUDGEMENT

(1.) THE land of the respondents was compulsorily acquired by the Government under the Land Acquisition Act, 1894 hereinafter called the Act, presumably for some public purpose. The Land Acquisition Collector gave his award regarding the said land on 30th October, 1970. Dissatisfied with the award, the State of Punjab moved an application under Section 18 of the Act on 28th April, 1971, for making a reference to the Civil Court for the reduction of the compensation amount. This application was rejected by the Land Acquisition Collector on 3rd May, 1971, on the ground that it had been filed beyond limitation. Against that order, the present petition under Article 227 of the Constitution has been filed by the State of Punjab on 22nd November, 1971.

(2.) A preliminary objection has been taken by the learned counsel for the respondents that the petitioner should have filed a revision petition under Section 115, Code of Civil Procedure, against the impugned order, as provided in Section 18 (3) of the Act. The limitation for filing such an application is, admittedly, 90 days under Article 131 of the Limitation Act, 1963. The said limitation being over, the State Government has, therefore, chosen to make a petition under Article 227 of the Constitution.

(3.) I find merit in this contention. Section 18 (3) of the Act reads:-