BODH RAJ SHARMA Vs. DY COMMISSIONER, JAMMU

JUDGEMENT

(1.) THIS petition for writ arises out of certain proceedings under the Land Acquisition Act. A parcel of land belonging to the petitioners was compulsorily acquired under the Land Acquisition Act for a public purpose, namely building Hari Singh High School at Akhnur. An award was made by the Collector; but he did not give the petitioners any notice of either the award itself or of even the date on which it was to be announced.

(2.) THIS order of the Collector is sought to be quashed by the petitioners on the ground that it is erroneous on the face of it and that in passing it the Collector failed to exercise his jurisdiction. The petitioners also claim a writ of Mandamus to direct the Collector to make a reference to the Court under S. 18(1) of the Act.

(3.) THE respondent Collector in his objections has pointed out that although no notice of the award was issued by him to the petitioners, the petitioners had applied for an attested copy of the award on 15 -7 -60 and obtained it on 21 -7 -60. This circumstance is said to reinforce the validity of the order of the Collector dated 12 -9 -60 that the application under S. 18 for reference to the court was barred by time.