DEVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will also dispose of C.R. Nos. 2334 & 2346 of 1979 as the question involved is common in all these cases.

(2.) The petitioner filed applications under section 18 of the Land Acquisition Act (hereinafter called the Act), for claiming reference to the District Judge. The Collector vide its order dated 25th May, 1979 declined the said applications on the ground that the same were barred by time.

(3.) It is not disputed that no notice was given to the claimants by the Collector before deciding the said applications. In the absence of a notice the Collector could not decide the applications himself. He should have referred the matter to the District Judge and this question of limitation should have been left open to be decided there after reference. Consequently, all the three petitions succeed, the impugned orders of the Land Acquisition Collector are set aside the he is directed to make the reference within two months. The question of limitation and other objections, if any, will be open to the State of Punjab before the District Judge concerned.