DHAN RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the order of the Land Acquisition Collector, Charkhi Dadri, (Camp Bhiwani) dated 11th April, 1977 whereby the application for reference under section 18 of the Land Acquisition Act, has been dismissed being barred by time.

(2.) The learned counsel for the petitioner contended that his application for reference under section 18 of the Act could not be dismissed, as barred. by time by the Collector. The only course open to the Collector was to refer the matter to the District Judge, where the question of limitation could also be decided by that Court. In support of his contention, the learned counsel for the petitioner referred to (Full Bench decision), Gram Panchayat v. The Land Acquisition Collector, 1972 AIR(P&H) 36and Manohar Lal & others v. State of Punjab and another, 1973 PunLJ 40.

(3.) After hearing the learned counsel for the petitioner, I find force in his above contention. Along with the petition, he also filed a copy of the application Annexure P 2 dated 28th January, 1977. whereby he applied for certified copy of the award. It was made available to him on 28th Febuary, 1977 The petitioner also filed Annexure P 5, a copy of medical certificate dated 21st March 1977, showing that Shri Dhanraj was suffering from acute renal colic-typhoid fever and remained under treatment from 7th March. 1977 to 14th March 1977. The application for reference is stated to have been made on 15th March, 1977. However, a copy of the application has been filed as Annexuie P-3 which is dated 3rd March, 1977. Under these circumstances, the learned Collector could not pass the impugned order without hearing the petitioner. As a matter of fact, the only course open to him was to send the reference to the District Court, where the question of limitation, if any, could also be gone into under the circumstances, the revision petition succeeds and the impugned order dated 11th April, 1977 passed by the Land Acquisition Collector is set aside and the Collector is directed to make a reference to the District Court concerned within two months from today. The petitioner will be entitled to the costs.