BHAG SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against the order of the Additional District Judge, Bhatinda dated 18.3.1987 whereby the application filed under Section 18 of the Land Acquisition Act has been dismissed as barred by time.

(2.) The land of the petitioner was acquired in the year 1976. The Collector gave award on 18.4.1979. On 18.5.1979 reference under section 30 of the Land Acquisition Act was sought and was accordingly made to the Addl. District Judge, Bhatinda. The said reference was decided on 20.1.1984. After the decision of the said reference, on 10.2.1984, the petitioner made an application under section 18 of the Act for reference for enhancement of the compensation. This application was contested on behalf of the Union of India inter-alia on the ground that it was barred by time as it was never made within six months from the date of the Collector's Award. The learned Additional District Judge after framing the issues and allowing the parties to lead evidence came to the conclusion that the reference was barred by time. Consequently the said application was dismissed vide impugned order dated 18.3.1987.

(3.) Learned counsel for the petitioner submitted that reference under section 30 of the Act was decided on 24.1.1984 and within thirty days thereof, on 10.2.1984 the reference under Section 18 was made and was thus within time.