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DEEPAK KUMAR TIWARI
Jay Mangal Patel S/o Late Baliram Patel – Appellant
Versus
Collector District Raigarh (C. G. ) – Respondent
ORDER :
1. This Civil Revision has been preferred against the order dated 07.12.2023 passed by the Collector, Raigarh (C.G) whereby, the application preferred by the applicant under Section 18 of the Land Acquisition Act, 1894 ( in short ‘‘the Act, 1894’’) for making a reference in respect of enhancement of the award of compensation passed in the Land Acquisition Case No.19/v- 82/2009-10 Village Khairpur, has been rejected on the ground that the said application has been moved after 6 months from the date of passing of the award and the applicant has also not mentioned any reason for delay in filing the same.
2. Brief facts of the case are that the applicant’s land bearing Khasra No.519/1 ad-measuring 0.049 Hectare situated at Village Khairpur, Tehsil and District Raigarh was acquired for construction of road and an award was passed on 22.03.2012 by the Land Acquisition Officer (Annexure P/2). On 14.05.2012 immediately after passing of the award, the applicant moved an application (Annexure P/3) for determination of the compensation @ 3,600/- as per the guideline. In this petition, it has been stated that on such date the applicant had prayed to refer the matter to the competent Cour
The court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
Courts must verify that references under Section 18 of the Land Acquisition Act comply with statutory conditions for jurisdiction.
The limitation period for seeking reference under Section 18(2) of the Land Acquisition Act starts from the date of knowledge of the essential contents of the award, and the provisions of the Limitat....
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