BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of C.R. Nos. 1899, 1900, 1901, 2093, 2094 and 2165 of 1983 as the question of law and facts involved is common in all these cases.

(2.) For the sake of facts, a reference be made to C.R. No. 1899/1983. The reference claimed under section 18 of the Land Acquisition Act against the award of the Collector dated 11th September, 1980 was declined vide order Annexure P.1 dated 7th July, 1983, inter alia, on the ground that the same was beyond limitation.

(3.) It is not disputed that the said order was passed without hearing the claimant-petitioner. It was held by this Court is Suraj Mal v. State of Haryana, 1986 RRR 533, deciding the reference application under section 18of the Land Acquisition Act, the claimants were entitled to a notice by the Collector. Admittedly, no such notice was issued to the petitioners in the present cases. In view of the above dictum, no meaningful argument could be raised on behalf of the respondent State. Consequently, all the petitions succeed with costs and the orders declining the references are set aside. The Land Acquisition collector is directed to make the references to the District Judge concerned within a month from today. The question of limitation or the question of competence of the references, if any, shall also be open to be decided by the District Judge concerned Order accordingly.