JOGINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) WHEN an application is filed under Section 18 of the J&K Land Acquisition Act of Samvat 1990, then the competent authority has merely to refer the same for adjudication to the reference count. The Collector before whom the application is filed is not within his rights to decide as to whether it is maintainable or note of detailed facts.

(2.) THERE is merit in the above short submission. This is supported by a decision of Full Bench reported as Sher Singh Versus Union of India AIR 1983 Punjab and Haryana 107. The relevant observations are as under: In the absence of a clear cut procedure on behalf of the respondents and the glaring failure to maintain the prescribed record it may well be presumed prima facie that written application under Section 18 was preferred. However, this obviously cannot be conclusive and it would be open to the respondents to rebut the same. It is thus manifest that the correctness of the rival claims on either side have to be decided in a proper forum. This is obviously the court of the District Judge which can adequately pronounce upon the question whether a reference was duly made to the Collector and, if so, regarding the validity. This is now well settled by the decision of the Full Bench In M/s Swantantra Land and Finance Private Ltd. V. State of Haryana AIR 1975 Punjab and Haryana 52 holding that is open to the District Judge to go behind the reference and examine its validity. Therein it was observed as follows:

(3.) AS has already been observed herein the petitioner at the very threshold is being denied even an adjudication of his claim that he had preferred a reference under Section 18 and the respondents had failed in their statutory duty to forward the same. It conferred upon the landowners for claiming enhancement of compensation under Section 18 of the Act cannot be eroded or set at naught by petty procedural wrangles.