Baldev Singh vs The State of Haryana

J.V. Gupta, J.—This order will dispose of C.R. Nos. 1899, 1900, 1901, 2093, 2094 and 2165 of 1983 as the question of law and facts

involved is common in all these cases.

For the sake of facts, a reference be made to C.R. No. 1899/ 1983. The reference claimed u/s 18 of the Land Acquisition Act against the

award of the Collector dated 11th September, 1980, was declined, vide order Annexure P1 dated 7th July, 1983, inter alia, on the ground that the

same was beyond limitation.

It is not disputed that the said order was passed without hearing the claimant-Petitioner. It was held by this Court in Suraj Mal v. State of

Haryana 1985 P.L.J. 212, that before deciding the reference application u/s 18 of the Land Acquisition Act, the claimants were entitled to a notice

by the Collector. Admittedly, no such notice was issued to the Petitioners in the present cases. In view of the above dictum, no meaningful

argument could be raised on behalf the Respondent-State. Consequently, all the petitions succeed with costs and the orders declaiming the

references are set aside. The Land Acquisition collector is directed to make the references to the District Judge concerned within a month from

today. The question of limitation or the question of competence of the references, if any, shall also be open to be decided by the District Judge

concerned.