Gurbachan Kaur vs State of Punjab

J.V. Gupta, J.—This petition is directed against the order of the Collector whereby he declined to make reference under section 18 of the Land Acquisition Act, as it was found that no application for claiming reference was filed before the Collector.

Land was acquired for the construction of New Mandi on 25th February, 1976. Award was given by the Collector on 29th March, 1976. According to the petitioners, they sent the application for reference under section 18 on 15th April, 1976 under postal certificate. Reminder was sent by them on 27th July, 1979. Then they filed an application on 10th June, 1981. Ultimately, the Collector dismissed the application vide impugned order dated 22nd September, 1981.

According to the learned counsel, if there was a dispute over the matter, the Collector should have referred the matter to the District Judge where this question could also be decided as to whether any such application was filed by the petitioner or not. In support of his contention he referred to the Full Bench judgment of this Court in Sher Singh v. Union of India, 1983 PLR 86 : 1984 R.R.R. 655. On the other hand, learned counsel for the State contended that no such application was filed. If any such application had been, then it would have been entered in the register. It was also contended that the reminder itself according to the petitioner was sent after more than three years from the alleged application sent under postal certificate on 15.4.1976 and the present application was filed on 10.6.1981 because meanwhile the compensation had been enhanced by the Court on the applications of other claimants. The application, according to the learned counsel for the State, was mala fide and with an ulterior motive.

After hearing the learned counsel for the parties, I am of the considered opinion that since the dispute is between the parties as to whether any application for reference was filed or not, the proper course would be that this matter be decided by the District Judge first before he proceeds with the reference and in case it is found that no such application was filed within the time allowed, then the reference will be declined. In this view of the matter, this petition succeeds, the impugned order is set aside and the Collector is directed to make the necessary reference under section 18 of the Land Acquisition Act to the District Judge concerned. The parties have been directed to appear before the Extra Assistant Colonization Officer, Punjab (Collector), Chandigarh, on 15th March, 1984.