HARDIAL SINGH SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The landowner has directed this civil revison against the order dated 26th December, 1997 of the Land Acquisition Collector, dismissing his application for making a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter called the Act), on the ground of being barred by time.

(2.) In brief, the facts are that land measuring 2 kanals forming part of Khasara No. 2876 situated in the revenue estate of Bhatinda, belonging to the petitioner was acquired by the State of Punjab vide notification dated 12th December, 1974 for development of Urban Estate. The Land Acquisition Collector awarded some compensation of the acquired land vide his award dated 28th March, 1977. The petitioner alleged that he was never served with any notice under Section 9 or 12 of the Act and that he came to know for the first time of the award on 23rd January, 1978 when he want to Bhatinda for some domestic affair. Thereafter, on 26th June, 1978 he filed an application for making a reference to the Court of the District Judge under Section 18 of the Act. The Land Acquisition Collector rejected this application vide his impugned order dated 26th December, 1979 by holding it tobe barred by time as notice under Section 9 of the Act was served upon the petitioner.

(3.) No return has been filed on behalf of the State of Punjab controverting the above referred averments in the petition.