MOHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal, under Clause X of the Letters Patent has been filed against the judgment of the learned Single Judge dated October 7, 1985. The facts of the case lie in a very narrow compass and thus we notice the same in the first instance.

(2.) THE land of the appellant was acquired and he being dissatisfied with the award of the Collector sought a reference under Section 18 of the Land Acquisition Act (for short the 'act') which was dismissed by the Additional District Judge on September 19, 1979. The application for restoration of the claim petition was filed by the appellant on July 31, 1980. The Additional District Judge dismissed the application on the ground of limitation as well as on merits. The appellant feeling aggrieved against the order of the Additional District Judge filed an appeal before this Court. A Single Bench of this Court has dismissed the appeal.

(3.) IT has been settled in Kamla Devi v. State of Haryana (1986-1)89 P. L. R. 692, that the reference Court has got no jurisdiction to dismiss the reference under Section 18 of the Act in default and that such a petition if dismissed is liable to be restored in exercise of the inherent powers by the Court. It has further been held in Kamla Devi's case (supra) that even if no evidence has been led by the claimant, the Court has to give an award. The application in the for mentioned case for restoration was filed after 3 1/2 years.