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1986 Supreme(HP) 45

T.R.HANDA
BISHAN DASS – Appellant
Versus
THE LAND ACQUISITION OFFICER – Respondent


Advocates Appeared:
For the petitioner(s):Shri O. P Sharma, Advocate. For the respondent(s):Shri M. S. Chandel, Asstt. Advocate General.

JUDGMENT

T. R. Handa. J.—This petition in revision is directed against the order of the Land Acquisition Officer rejecting the application of the petitioner for making a reference to the Court under section 18 of the Land Acquisition Act, (hereinafter called "the Act") on the ground that the petitioner having already received the amount of compensation under the award without protest, was not entitled to claim reference to the Collector.

2. The admitted facts are that the land of the petitioner located in District Kangra was acquired under the provisions of the Act. The award in respect of this acquisition was made by the Collector on 17-7-1973. The petitioner received the amount of compensation in terms of the award with out protest on 10-8-1973. The petitioner also made an application under section 18 of the Act requiring the Collector to make a reference to the Court for determination of the fair amount of compensation. This application was, however, sent by the petitioner by post. It was actually received by the Collector on 14-8-1973.

3. The case of the petitioner is that he had sent his application under section 18 of the Act to the Collector by post on 30th July, 1973, that is,





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