CHUHROO RAM Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order of the Land Acquisition Collector. Beas Dam Project, Talwara, rejecting the petitioner's application under Section 18 of the Land Acquisition Act (referred to as the Act) claiming a reference to this court.

(2.) The facts, in brief, are these Petitioner's land was acquired for the construction of Pong Dam. An award in respect of Tika Balta, in which the petitioner's land fell, was announced on 28-10-1972. The petitioner sent his application under Section 18 of the Act by post to the respondent. This application was posted on 7-12-1972 but was received by the respondent on 13-12-1972. This application was rejected by the respondent on 18-2-1976 on the ground that the petition was barred by time by four days.

(3.) Mr. R.K. Sharma, learned counsel for the petitioner, contends that the petitioner was not present at the time the award, was announced. It is also contended that the award was never explained to the petitioner. It is submitted that in any event the date of posting of the application, that is 7-12-1972, should be the date of presenting the application. It is not disputed before me that if 7-12-1972 is taken as the date of milking the application then it is within time.