VILASWATI Vs. STATE OF H.P.

JUDGEMENT

(1.) Present petition, under Article 227 of the Constitution of India, has been filed by the petitioners for quashing order dated 11.7.2005 of Land Acquisition Collector, Rohroo, whereby their application, under Section 28 -A of the Land Acquisition Act, 1894, hereinafter called Act, has been dismissed, with the finding that the same is barred by limitation.

(2.) RELEVANT facts are like this. Land of certain persons situate in village Chak Pawli, Tehsil Rohroo, had been acquired for a public purpose. Petitioners predecessor Phool Chand was one of the persons, whose land had been acquired. Land Acquisition Collector assessed the compensation and made payments to all the land owners, including Phool Chand. Some of the land owners approached the Land Acquisition Collector for making a reference to the Court, under Section 18 of the Land Acquisition Act, for enhancement of compensation. References were accordingly made and the District Judge, vide award dated 18.1.1997, enhanced the compensation.

(3.) IN the meanwhile, orders, condoning delay in making applications, under Section 28 -A of the Act, passed on some other applications moved by a few other land owners, were challenged by filing Civil Writ Petitions in this Court. Number of those petitions are 658/2000, 703/2000 and 704/2000. Those writ petitions were disposed of vide judgment dated 7.8.2004 and it was held that Collector being not a Court, but only a Statutory Authority, did not have the power to condone delay in making applications, under Section 28 -A of the Act.