LACHHMAN DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution of India, challenge is to the order dated August 26, 1981 passed by the Special Land Acquisition Collector, Jalandhar Camp at Bhatinda, whereby he refused to accept the land acquisition reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') not having been submitted within time.

(2.) IT is not disputed that the land of the petitioners along with the land of several other persons was acquired by the Union of India for Bhatinda Cantonment. The Special Land Acquisition Collector gave an award on June 11, 1975 under Section 11 of the Act. The petitioners felt dissatisfied with the award aforementioned and moved an application in writing on June 29, 1975 seeking a reference to the District Judge, Bhatinda under Section 18 of the Act. According to the petitioners, the said application was submitted by them in the office of the Naib Tehsildar, Military Lands, Bhatinda. However, to their utter surprise, the same was not forwarded to the District Judge, Bhatinda under Section 18 of the Act. The petitioners enquired the matter from the office of the Naib Tehsildar, Military Lands, Bhatinda, and thereupon they were called by the Special Land Acquisition Collector vide his letter dated 11.2.1981 to appear before him at Jalandhar on 20.2.1981. The petitioners appeared before him on the above-mentioned date, but they were again called to appear on July 10, 1981 in Civil Rest House, Bhatinda. The petitioners appeared before the Special Land Acquisition Collector on July 10, 1981 as well and made their statements. Their requests have, however, been turned down by the authority vide impugned order dated August 26, 1981 on the premise that from the register maintained in the office of the Naib Tehsildar, Bhatinda, no entry regarding receipt of the application alleged to have been submitted by the petitioners under Section 18 of the Act was found.

(3.) IT appears from the order dated 26.8.1981 passed by the Special Land Acquisition Collector that there was, in fact, an application submitted by the petitioners seeking a reference under Section 18 of the Act in relation to their claim for enhancement of compensation for the acquired land. It further appears that the contention of the petitioners, as if the said application was submitted by them on June 29, 1975, was found to be incorrect on an appreciation of the entries made in the receipt register of the office of the Naib Tehsildar, which is undoubtedly maintained in the course of usual official duties. In the exercise of revisional jurisdiction under Article 227 of the Constitution, it is, therefore, beyond the jurisdictional scope of this Court to reappraise the aforesaid findings and/or to return a firm finding of fact as to whether the aforesaid application was submitted by the petitioners on June 29, 1975 or not.