SWARN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has invoked the certiorial jurisdiction of this Court under Article 226 of the Constitution to direct the Collector-cum-Land Acquisition Officer, Urban Development, Punjab, Mohali, Under Section 18 of the Land Acquisition (for short the 'act') for enhancement of compensation.

(2.) ACCORDING to the petitioner, he alongwith one Swaran Singh son of Bhagat Singh purchased a plot of land in the year 1974 measuring 6 kanals comprised in Khasra Nos. 104/7, 14, 17, 24/1 in village Jamalpur Awana. Thereafter, the land was acquired by the State of Punjab alongwith some other lands and an award was passed on 31. 3. 1976. According, to the petitioner, he and the other respondents have filed application before the Land Acquisition Officer for making a reference to the Court of competent jurisdiction as they have not been satisfied with the award of compensation. The application of the 4th respondent was referred to the Court Under Section 18 of the Act while the request of the petitioner to make a reference was rejected on the ground that it was not filed within time. The petitioner moved the Additional District Judge, Ludhiana, to get himself impleaded in the reference made in the case of Swarn Singh son of Bhagat Singh. The Additional District Judge, Ludhiana by an order dated 20. 11. 1990 rejected the application of the petitioner Swarn Singh son of Bhalwant Singh on the ground that the reference was not made in his case by the Land Acquisition Officer and the civil Court cannot directly receive the reference from the party. By his judgment dated 27. 11. 1980, the Additional District Judge, Ludhiana, awarded compen- sation at the rate of Rs. 72,000/- per acre to those applicants whose applications were referred to him Under Section 18 of the Act. As the petitioner's request for making a reference was not acceded to by the Land Acquisition Officer and the learned Additional District Judge did reject the prayer of the petitioner for entertaining the application directly Under Section 18 of the Act. The petitioner filed this writ petition seeking a direction to the Land Acquisition Officer to make a reference of his case also Under Section 18 of the Act.

(3.) THE only point that arises for consideration in this writ petition is when the reference was made Under Section 18 of the Act in respect of joint owners of the land acquired, can the request of another co-sharer be rejected on the ground that it is barred by time.