JUDGMENT : 

DEEPAK GUPTA, J.

LAC-58-1982 titled Shri Dayal Singh vs. Ludhiana Improvement Trust, Ludhiana and another, arising out of a reference under Section 18 of the Land Acquisition Act, 1894, was dismissed in default by the President, Land Acquisition Tribunal, Ludhiana Improvement Trust, Ludhiana, vide order dated 16.03.1983 (Annexure P-4). Sham Singh, son of Dayal Singh, moved an application for restoration of the said reference on 27.07.2012 along with an application under Sections 5 read with Section 14 of the Limitation Act, 1963, seeking condonation of delay. Both applications were dismissed by the learned Tribunal vide order dated 24.05.2018 (Annexure P-11), which is assailed in the present revision.

2. As borne out from the record, Dayal Singh was the original owner of land measuring 117 kanals 15 marlas situated in village Haibowal Khurd, Tehsil and District Ludhiana. The said land was acquired by the State Government pursuant to a development scheme framed by the Ludhiana Improvement Trust known as the “256 Acres Development Scheme”, under Sections 24 and 28 (2) of the Punjab Town Improvement Act, 1922. Notification under Section 42 was issued on 24.11.1978, followed by an award dated 12.06.1980 passed by the Land Acquisition Collector, assessing compensation at the rate of Rs. 9.92 per square yard.

3. Dissatisfied with the quantum of compensation, Dayal Singh sought a reference under Section 18 of the Land Acquisition Act during his lifetime. The reference was forwarded to the Tribunal and registered as LAC-58-1982 on 13.11.1982. However, Dayal Singh had expired earlier on 27.09.1982, i.e., before adjudication could commence. The reference was dismissed in default on 16.03.1983 on the ground that no legal representative had appeared to pursue the matter.

4. Incidentally, Sham Singh, the present petitioner, had also sought a separate reference on the same day in respect of the same acquisition, which was registered as LAC-59-1982. The record further reveals that out of the total acquired land, Dayal Singh had sold 8 kanals to Master Tara Singh Memorial College for Women, Ludhiana, vide sale deed dated 25.01.1974. The said College sought a separate reference, numbered as LAC-107-1982, which was accepted by the Tribunal vide award dated 20.08.1986, enhancing compensation to Rs. 26 per square yard for that portion of land.

5. In LAC-59-1982, Sham Singh claimed ownership over 62 kanals 4 marlas on the basis of a judgment and decree dated 11.12.1979 passed by the Sub Judge Ist Class, Ludhiana, and ownership of 47 kanals 16 marlas on the basis of alleged transfers involving Guru Gobind Singh Charitable Trust and Dayal Singh Charitable Trust. LAC-59-1982 was dismissed by the Reference Court vide order dated 11.05.2010 (Annexure P-7). The writ petition filed thereagainst, i.e., CWP-17091-2010, was dismissed by this Court on 13.01.2012 (Annexure P-8).

6. While dismissing the writ petition, this Court noticed that Sham Singh had earlier filed CWP-2088-1994 claiming ownership of the entire acquired land measuring 118 kanals and seeking quashing of the acquisition proceedings and the Collector’s award. The said writ petition was dismissed by a Division Bench vide judgment dated 25.05.1995, holding that the decree dated 11.12.1979 relied upon by the petitioner was collusive and liable to be set aside. It was further noticed that other suits and appeals filed by Sham Singh had also been dismissed, with concurrent findings that he had no right or title over the land in dispute. The Court also found the alleged trust transactions to be manipulated and imposed costs of Rs. 10,000/- upon the petitioner for his contumacious conduct in obstructing implementation of the scheme.

7. Seeking restoration of LAC-58-1982, the petitioner contended that the reference could not have been dismissed in default; that Dayal Singh had expired prior to issuance of notice; that he was the sole legal heir under a Will dated 24.09.1982; and that he was bona