The main legal point established is that the petitioners have the right to seek reference under section 18 of the Land Acquisition Act by condoning the period of limitation, as they were deprived of their right to receive compensation as per market value.

1. Petitioners had three storied house at Kishtwar, which came to be acquired for construction of link road from Bus Stand to Sadar Bazar Kishtwar. Compensation has been assessed by the Collector, Land Acquisition, at the rate of Rs 1.32 lac being costs of the land and structure constructed thereon. It is alleged that petitioners were not aware of the acquisition proceedings that commenced with the issuance of notification under section 4 of the Land Acquisition Act on 7.9.1989. It is further stated that no notice under sections 4, 5(A) and 9 of the Land Acquisition Act was ever served upon the petitioners, who were the owners of the acquired property and are interested persons. According to petitioners, they acquired knowledge of acquisition proceedings only in the month of March, 1999, when they were informed by respondent-2. This was followed by notice dated 23.8.1999, for receiving compensation awarded by the respondents in respect of their property. Further allegation of the petitioners is that they were under threat of eviction and demolition of the house and forced to accept the amount of compensation. They accepted the same under protest on 27.8.1999. Petitioners have questioned the legality and validity of acquisition proceedings and award dated 29.3.1997, passed by respondent-2. Besides this, they have also challenged provisions of sections 12, 15 and 23 of the Land Acquisition Act as ultra-vires of the Constitution of India particularly Articles 14 and 31(A). In alternate, petitioners seek direction for reassessment and revaluation of the acquired property in accordance with market value as prevalent in the year 1997 i.e when award was made.

2. Main ground urged on behalf of the petitioners is that even though acquisition proceedings were initiated in the year 1989 and petitioners being interested persons were never put to any notice or associated with acquisition proceedings. It is stated that the proceedings took long time and finally culminated into passing of the award dated 29.3.1997. Even after the passing of the award in the year 1997, they came to know about acquisition proceedings in the year 1999 and thus assessment of compensation of the property should have been as on the date of passing of the award because possession was sought to be taken after passing of the award. With regard to challenge under sections 12,15 and 23 of the Land Acquisition Act is concerned, it is stated that provision contained in these sections for assessment of value as on the date of issuance of declaration under Section 6, is unconstitutional as it deprives petitioners of their legitimate right to claim compensation as per market value. Petitioners claim that they have a right under Articles 14 and 31(A) of the Constitution of India to claim market value of the acquired property. Respondents have filed their counter through SDM Kishtwar. Claim of the petitioners is resisted on the ground that land was acquired for public purpose vis-`-vis construction of Link Road and acquisition proceedings were initiated in accordance with provisions of Land Acquisition Act by issuing notification under sections 4(1), 6, 7, 9 and 9-A and even final award stands passed after affording full opportunity to all the claimants. It is further stated that value of the structure involved was assessed by Executive Engineer, PWD Kishtwar and accordingly,amount of compensation was paid to the petitioners, who received the same from the competent authority.

3. Respondents were directed to produce record, which has been produced. It appears that notice under section 4(1) of the Land Acquisition Act was issued on 7.9.1989. Interested persons in their objections under sections 5 & 5-A did not object to the acquisition but only demanded price of the land at the rate of Rs 70,000-/ per kanal. The case was referred to the Revenue department for the issuance of declaration under sections 6 & 7. Revenue Department vide notification No: RD 32 of 1990, issued declarat

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