KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Notice of motion was issued by D.S. Tewatia, J., on March 8, 1976. Inspite of the service of this notice, no one appears to oppose this petition.

(2.) The short point involved in the case is whether the Land Acquisition Collector while holding an application for making a reference under Section 18 of the Land Acquisition Act (hereinafter called the Act) as barred by time is under a duty to hear the applicant or not.

(3.) In a reference under Section 18 of the Act, the decision arrived at by the Land Acquisition Collector can be challenged before the District Court about the adequacy of the compensation. By holding the application as barred by time, the Collector virtually brings an end to the enquiry which is to be instituted at the instance of the landholder for getting enhanced compensation. Admittedly, the civil rights of the landholder are involved and these rights cannot be put in jeopardy unless he is afforded an opportunity of hearing. Had the case been otherwise, the Collector while sitting in office would put an end to all the applications under Section 18 of the Act in order to see that the decision given by him is not subjected to a proper challenge.