Misleading claims and misrepresentation of facts can disqualify an appellant from maintaining an appeal.

JUDGMENT

Rahul Bharti, J. - Heard learned counsel for the parties.

1. Vide a land acquisition award no. 129-33/Acq. Dated 09.06.2004, the Collector Land Acquisition, Ramban came forward with acquisition of 204.11 kanals of land in village Dharmoind tehsil Ramban for defence related public purpose which was construction of a Defence Complex.

2. Some of the khasra numbers coming under the land acquisition in terms of the award were khasra no. 244 (04 kanals 02 marlas), khasra no. 245 (03 kanals 17 marlas) and khasra no. 246 (10 kanals 16 marlas) with respect to which claim of ownership and compensation is said to be that of the appellant herein. In the land acquisition award referred above the assessment of compensation for the land bearing Gair Mumkin nature was Rs. 12,000/- whereas for the land bearing nature Warhal Changi was Rs. 42,000/-.

3. The appellant whose land falling in khasra no. 244 (9.2 kanals), khasra no. 245 (3.17 kanals) and khasra no. 246 (10.16 kanals) in village Dharmoind, Ramban was claim to have fallen in the acquisition in terms of the aforesaid award, felt dissatisfied with a quantum of compensation offer aforesaid land assessed at the rate of Rs. 12,000/- per kanals being of the nature Gair Mumkin.

4. From this stage onwards, the state of facts at the end of the appellant and that of Collector Land Acquisition, Ramban became hazy in the sense that the appellant claimed that she came to make an application before the Collector Land Acquisition, Ramban for making reference under Section 18 of the Land Acquisition Act, Svt., 1990 to the Court of District Judge, Ramban because of the appellant objections to the rate of compensation assessed for the acquisition of her land.

5. Against the said award dated 09.06.2014, the mode for seeking reference for the aggrieved land owners which in the present case the appellant was to have approached the Collector concerned with an application herein the objections of the appellant as to the quantum of compensation so awarded qua her land in terms of the said award and their upon seeking from the Collector concerned reference of the matter to the Court of District Judge of the concerned district. For doing this the period of limitation also mandated the timeline for which thus the appellant was supposed to have asked for the reference of dispute to the Principal District Judge, Ramban by the Collector Land Acquisition, Ramban.

6. Without anything on record, the Court of Principal District Judge, Ramban came to take cognizance of application filed by the appellant herself which came to be diarized as reference no. 03 of 2004 titled 'Krishna Devi vs. Collector Land Acquisition'.

7. It is not gatherable from the record of the case as to how without there being any reference generated by the Collector Land Acquisition at the instance of the appellant, the Court of Principal District Judge, Ramban came to act upon the application of the appellant straightway by treating it as if the same was a reference under section 18 of the Land Acquisition Act, Svt., 1990.

8. It is during the pendency of this very proceedings that the Collector Land Acquisition came forward acting upon an application made by the appellant on 16.05.2005 as a reference under section 18 of the Land Acquisition Act and the proceedings on this reference continued by reference to the original proceedings which had commenced on 07.12.2004 before the Court of Principal District Judge, Ramban.

9. In addition to the appellant's application, three other land owners had also similarly approached the Court of Principal District Judge, Ramban with a direct application which came to be entertained on file no. 2/Reference by the Court of Principal District Judge, Ramban against the same very award.

10. Thus the said two purported references i.e. one self-generated by appellant herein on file no. 3/Reference and the other generated by Dharam Singh and others on file no. 2/Reference against the same very award came to be clubbed for