NATHA SINGH Vs. COLLECTOR

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Judge Kangra, refusing to restore a reference made under Section 18 of the Land Acquisition Act 1894.

(2.) Proceedings for the acquisition of land belonging to the appellant were taken under the Land Acauisition Act, and an award was made by the Collector. The appellant applied for a reference under Section 18 for enhancement of the compensation awarded by the Collector, but the reference was dismissed by the learned District Judge for want of prosecution. The appellant applied for restoration of the reference, and the restoration application has also been dismissed by the learned District Judge. The learned District Judge held that he had inherent power to dismiss the reference for want of prosecution when the appellant, who was duly served, failed to appear. He also held that there was no sufficient cause for the absence of the petitioner. Further he held that the application was barred by time.

(3.) Three contentions have been raised on the merits by the appellant -in this appeal.