KUNDAN LAL Vs. LAND ACQUISITION COLLECTORS AND ORS.

JUDGEMENT

(1.) This judgment shall dispose of the present appeal and also RFA Nos.59/2014, 230/2014 and 263/2014, involving identical questions of law and facts.

(2.) The land of the appellants-petitioners has been acquired for the construction of "Koldam" in District Bilaspur. Notification under Section 4 of the Land Acquisition Act was issued on 26.2.2005. On completion of procedural requirements, the 1st respondent assessed the market value of the acquired land and made the award. The appellants-petitioners being dissatisfied with the award preferred references under Section 18 of the Act for enhancement of compensation awarded by the 1st respondent. The references they presented before the 1st respondent on 16.4.2008 were forwarded to the Court of District Judge, Mandi. The same were assigned to learned Additional District Judge, Mandi.

(3.) On 6.1.2010, the Court below has ordered to issue notice in the reference petitions to the parties in terms of Section 20 of the Act for 6.4.2010. The report made by the Dealing Hand on the margin of Zimni order dated 6.1.2010 is qua service of notice upon respondents No.1 and 2 only. It appears that the Dealing Hand, taking the references like other matters has issued notice only to the respondents and omitted to issue notice to the appellant-petitioners. The Ahlmad/Dealing Hand also seems to have omitted to go through the order dated 6.1.2010 vide which notices were ordered to be issued to the parties. The fact, therefore, remains that on receipt of the reference petitions in the Court below and its registration, notices were never issued or served upon the appellantspetitioners.