Jit Singh vs Land Acquisition, Collector, PWD B and R Branch

J.V. Gupta, C.J.—This revision petition is directed against the order of the Land Acquisition Collector, dated September 21, 1988, whereby the application filed on behalf of the petitioner claimant for claiming a reference u/s 18 of the Land Acquisition Act, was dismissed on the ground that it was tin ebarred.

In this case, the award of the Collector is dated March 27, 1987 whereas the application for reference was made or. May 11, 1987, which has been rejected by the Collector as time-barred without giving any reasons

The learned counsel for the petitioner submitted that it was for the Collector to decide whether the application for deference was within time or not. The Collector should refer the matter to the District Judge leaving the question open. In support of the contention, the learned counsel relied upon Dharam Pal v. The Collector Lend Acquisition, Urban Development, Punjab, 1987 L. A. C. C. 217. On the other band, the learned counsel for the respondent submitted that the petitioner has no interest in the land acquired ; hence ho has no right to claim reference

After hearing the learned counsel for the parties, I find merit in this petition. The application has been rejected by the Land Acquisition Collector on the ground that it was barred by time without giving any reasons. In view of the judgment referred to above, it was not for the Collector to decide whether the application for reference was within time or not. He should have referred the matter to the District Judge leaving the said question open.

Consequently, the petition succeeds. The impugned order is set aside and the Collector is directed to make the reference u/s 18 of the aforesaid Act, to the District Judge, concerned. The parties have been directed to appear before the Collector on March II, 1991. It may be made clear here that it will be open to the respondent to take all pleas available to him with respect to the limitation or the maintainability of the application.