RAM SARUP BASRA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Land comprising in Khasra Nos. 2079/202/2/1 and 2078/202/2/1, situate within the municipal limits of Faridabad in Sector 19 on Delhi Mathura Road owned by the petitioners, had been acquired by the Haryana State vide Notification No. LLAC-71-NTLA/736 dated 24.3.1973 published on 30.3.1973, issued under Section 4 of the Land Acquisition Act, for planned development in the area of Sector 19. The Land Acquisition Collector made the award of compensation on 12.1.1973. The petitioners filed their claim under Section 18 of the Land Acquisition Act before the Land Acquisition Collector on 15.7.1973. The Land Acquisition Collector filed the application as time-barred on 10.7.1975, though in the petition it is mentioned as 11.7.1975.

(2.) The main grouse of the petitioners is that they were not present when the award was announced nor any notices were issued to them as required under Section 12(2) of the land Acquisition Act. They further urged that they came to know about the award in the last week of May, 1973 and as such their application under Section 18 of the Land Acquisition Act was within limitation and could not be disposed of as time-barred.

(3.) The learned counsel appearing for Haryana State admitted that the award was not pronounced in the presence of the petitioners nor any notice as required under Section 12(2) of the said Act was sent to them. In State of Punjab v. Mst. Quaisar Jehan Begum and another, 1963 AIR(SC) 1604 it has been held that limitation of six months under second part of clause (b) of Section 18 of the Land Acquisition Act runs from knowledge of the contents of the award. Thus, in this case it was required of the Land Acquisition Collector to give a finding as to when the petitioners learnt about the award and whether their application under Section 18 of the Land Acquisition Act was time-barred or within time. The Land Acquisition Collector disposed of the application of the petitioners by saying "Filed being time-barred". This shows that the Land Acquisition Collector has not applied his mind while passing the order. In State of Punjab v. Mst. Quaisar Jehan Begum and another , it has also been held that knowledge could not be inferred from the date of petition for interim payment filed by the party when the party had not known of the amount of compensation awarded.