MODERN HOTEL PVT LTD Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has filed this Revision Petition under Section 115 C.P.C. against the order dated 10.7.1984 passed by the Collector, Land - Acquisition {Assistant Commissioner), (Revenue), Jammu. The respondents objected to the maintainability of the Revision Petition and after hearing the parties the revision petition was directed to be treated as a writ petition in terms of the order dated 30.10.1986 passed in CMP No. 318/86.

(2.) THE petitioner has stated in the petition that the Government under Order No.991 of 1980 dated 25.8.1980, acquired structures of Modern Hotel Pvt. Ltd. Jammu standing on an area measuring 4 kanals comprising Survey No.265 situated at Jammu near General Bus Stand. An amount of Rs.5,88,000/ - as compensation was determined by means of an award passed under Section 12 of the Land Acquisition Act 1990 (hereinafter referred to as the Act) by the respondents. The petitioner was not present at the time of making of the award and the Collector has also not given immediate notice of his award to the petitioner as he was not present personally or by their representative, when the award was made. The petitioner has stated that Mr. O.N. Koul, Manager of the Hotel has obtained a copy of the award, was not an employee of the petitioner, and the affidavit filed by Lala Ram Chand Mahajan to that effect has not been controverted by the respondents. The petitioner has no knowledge of the award, which was pronounced on 3.7.1982. The petitioner filed an application on 26.3.1984 under Section 18 of the Act for seeking reference of the award to the Civil Court for determination of the amount of compensation as neither Jabrana nor interest has been awarded to the petitioner and the claim of compensation of interest and Jabrana was claimed by the petitioner.

(3.) THE respondent No.3 has filed the counter -affidavit submitting therein that after complying all the requisite provisions of the Act, an award was made and announced on 3.7.1982 and on the same day the Manager, Modern Hotel Pvt. Ltd., Jammu applied for issuance of the copy of the award, which was issued to him on 8.7.1982. The petitioner made an application under section 18 of the Act after a period of one year and eight months and the application is time -barred. It is controverted that Mr. O.N. Koul is not an employee of the petitioner -Company and stated that he works for all the concerns of Lala Ram Chand Mahajan and Company and was actively participating in all the activities of the Company. It is further submitted that the affidavit filed by Lala Ram Chand Mahajan is false and so is the list of the employees submitted to the petitioner. In pursuance of the notice under sections 9 and 9 -A, Lala Ram Chand Mahajan, Modern Hotel Pvt. Ltd. filed his claim on 9.8.1982.