LAWS(P&H)-1986-1-105

RAM KISHAN Vs. STATE OF HARYANA

Decided On January 30, 1986
RAM KISHAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This petition is directed against the order of the Collector dated 21st March, 1985, whereby the reference under section 18 of the Land Acquisition Act (for short, the Act) was declined.

(2.) The award under the Act was announced on the 18th July, 1983. Admittedly, the petitioner was not present on that day. The application claiming reference under section 18 of the Act was filed on 19th March, 1984. The same was declined on 21st March, 1985 by the impugned order, on the ground that the application had been made after a period of about eight months, thus, being time-barred. It was also observed that even the applicant had made no request for forwarding the application to the District Judge.

(3.) Learned counsel for the petitioner contended that the application was filed within six months of the date of the knowledge of the award and was, therefore, within limitation. In support of this contention, he referred to Mangilal Jawanmal v. Spl. Land Acquisition Officer (I), Thana, 1978 AIR(Bom) 325 andRaja Harish Chandra v. Deputy Land Acquisition Officer, 1961 AIR(SC) 1500 On the other hand, learned counsel for the respondent relied on 1943 AIR(Mad) 327