JIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.04.1988 passed by the Court of Additional District Judge, Bathinda delivered on a reference under Section 18 of the Land Acquisition Act, 1984 (hereinafter referred to as the 'Act') whereby the learned Additional District Judge, Bathinda dismissed the claim of the present appellants/claimants as time-barred.

(2.) THE facts leading to the present appeal are as under :

(3.) THE learned Additional District Judge, Bathinda decided the issue no. 3 against the appellants/claimants observing that the applicants in fact had not filed any application under Section 18 of the Act before the Collector for making reference at any point of time, much less within time. As regards, Issue No. 1, the Court observed that the learned counsel for the applicants had pressed into service certified copies of RFA no. 1543 of 1980 (Ex. AX/6) and RFA No. 1865 of 1979(Ex. AX/7) for establishing their claim for enhancement of compensation which certainly makes the applicants entitled for compensation but for the fact that they had not filed the application under Section 18 of the Act. The learned Court below in view of the findings on issue no. 3 dismissed the reference. Aggrieved by the judgment dated 23.04.1988 passed by the learned Court of Additional District Judge, Bathinda, the appellants preferred present appeal before this Court primarily assailing findings on issue no. 3 and praying for enhancement of compensation.