SURVESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The late father of the petitioners, Kishan Chand, owned some land which was acquired by the State of Punjab. Notification under Section 4 of the Land Acquisition Act was published on 16-10-1970. The award was made on 27-3-1971. He received compensation to the tune of about Rs. 76,000/- in the year 1971 itself. He made an application under Section 18 of the Land Acquisition Act to the Collector for referring the case to the District Judge. Since the application was filed after the expiry of the period of limitation, it was rejected and the result was communicated to him in the year 1972. The matter rested there.

(2.) Some others, who were aggrieved by the award of the Collector, made timely applications under Section 18 of the Land Acquisition Act. Their applications were referred to District Judge. In their cases, the District Judge decided the matter on 7-1-1986 enhancing compensation. Before that date, the Land Acquisition Amendment Act, 1984, (Act No. 68 of 1984) had come into force. The District Judge taking note of the beneficial amendments gave the benefit thereof to the claimants before while enhancing the rate of compensation. This awakened the petitioners, since their father by that time had died, to ask the Collector under Section 28-A of the Act to give them similar benefits and enhancement of compensation. Their request was declined by the Collector taking the view that since their application under section 18 had been rejected as time-barred, they were not entitled to the benefits of the orders of the District Judge passed on 7-1-1986. This has brought them to this Court to seek a direction against the Collector in suitable terms.

(3.) Return has been filed. The facts as such are not disputed. Contrarily it is maintained that the rejection of the application of the petitioners under section 18 by the Collector, way back in the year 1972, had finalised the matter and nothing was pending which could be activated under the Amendment Act, 1984.