SIRI NIWAS AND OTHERS THROUGH SHRI GANPAT RAI Vs. THE STATE OF HARYANA THROUGH THE COLLECTOR ROHTAK AND ANOTHER

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Land Acquisition Collector, dated August 23, 1979, whereby the application for reference under section of the Land Acquisition Act, (hereinafter called the Act), was rejected on the ground of limitation

(2.) ACCORDING to the Collector, the award was announced on October 8, 1971, whereas the said application was received in his office on May 22, 1974. and, therefore, the same was barred by time. Along with the petition, a copy of the application under Section 18 of the Act was also filed. It was stated therein that no notice under Section 9 or 12 was even received by the Petitioners and that they came to know of it about a week earlier when they had come to Gohana. So, the petition under Section 18 was within time In the impugned order, it has nowhere been stated by the Land Acquisition Collector that any notice under Section 9 or 12 was ever received by the Petitioners. Moreover, no notice was given by the Collector to the Petitioners before deciding their application for reference. In these circumstances, this petition is liable to be accepted.