HAJI GH RASOOL KITAB Vs. COLLECTOR

JUDGEMENT

(1.) Reference made by the Collector Land Acquisition under section 18 of the Land Acquisition Act, hereinafter referred to as the 'Act' was rejected by the District Judge, Bhadarwah vide the judgment impugned in this revision petition on the ground of the same being barred by time. It was further held that the reference was not in conformity with the provisions of Sec. 19 of the Act because the Collector had failed to give particulars of the land, name of the parties, the amount awarded and the grounds on which the amount of compensation was determined as acquired under clause (d) of Sec. 19 of the Act.

(2.) I have heard the learned counsel for the petitioner and perused the record.

(3.) Some of the facts giving rise to the filing of the present petition are that land measuring 6 marlas upon which the petitioner had constructed four shops and allegedly raised construction of a plinth level of a building was acquired by the respondent under the Act. The petitioner claimed a sum of Rs. 30,000/- for the land and Rs. 40,000/- for the shops and building raised by him. The petitioner was allowed compensation for land amounting to Rs. 6,300/- only and no compensation was awarded for the shops and building. It was contended that the petitioner was not present at the time of making the award and had no notice of the award nor was he represented at that time. The petitioner come to know about the award by the staff of the Public Works Deptt. when he was asked to surrender the possession of the shops and building. He went to the office of the respondent and was paid a sum of Rs. 7245/- as compensation and Jabirana for the land on 9-2-1985. An application under sec. 18 of the Act for making the reference to the Civil Court was filed which was allowed by the Collector Land Acquisition but rejected by the trial Court vide the judgment impugned.