SHINDER KAUR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court for the issuance of a writ in the nature of mandamus, directing respondent No.3 to forthwith forward the land reference, filed under Section 18 of the Land Acquisition Act, 1894 (for short herein after referred to as "the Act"), to the District Judge, Patiala.

(2.) It is not denied that the petitioner's land was acquired on 14.3.1988 and an award in respect thereof was pronounced on 25.1.1989. It is also not denied by the respondents that the petitioner filed a reference, under Section 18 of the Act, expressing dis-satisfaction with the compensation, offered by the Land Acquisition Collector. It is, however, asserted by the respondents that the reference, filed under Section 18 of the Act, was filed on 11.5.1998, and as it was barred by limitation, the Collector did not forward the reference to the District Judge.

(3.) It is averred by the petitioner that even if the reference was barred by limitation, the Collector was required to forward the same to the District Judge with his observation that the reference was time barred. The Collector was duty bound to forward the reference to the District Judge. His failure to do so would necessitate the issuance of a writ of mandamus directing him to comply with the statutory duty and obligation, as enjoined upon him, by the Act.