When a dispute arises regarding the filing of a reference application under Section 18 of the Land Acquisition Act, the appropriate course is for the Collector to forward the reference to the District Judge, who shall determine the validity of the application and the underlying claim.

O R D E R

% 09.01.2026

1. This hearing has been done through hybrid mode.

CM APPL. 1239/2026

2. By way of this application, the Petitioner seeks to add an additional ground to challenge the order dated 14th November, 2019 as also, a prayer specifically seeking setting aside of the said order dated 14th November, 2019, by which the Land Acquisition Collector, District South-West, refused to forward the reference petition filed by the Petitioner under Section 18 of the Land Acquisition Act, 1894 for judicial determination.

3. The amendment sought by the Petitioner is formal in nature, and the same is thus allowed, subject to all objections.

W.P.(C) 5201/2024

4. The brief background of the case is that a notification under Section 4 of the Land Acquisition Act,1894 (hereinafter, ‘the Act’),was issued by the Respondent on 07th April, 2006 for acquisition of 62 Bigha and 8 Biswas of land in Village DhoorSiras, New Delhi for the public purpose of construction of 100 mtr. road under the Planned Development of Delhi. The said acquired land also consisted of a portion of land that belonged to the Petitioner.

5. The declarationunder Section 6 of the Act was also issued on 4th April, 2007 and notices under Sections 9 and 10 of the Act were issued by the Land Acquisition Collector (hereinafter, ‘LAC’)to the Petitioner. Thereafter, claims were filed by the Petitioner under Sections 9 and 10 of the Act before the LAC on 25th April, 2008 and the Award No. 9/2008-09/SW under Section 11 of the Act was also passed on 26th December, 2008.

6. It is the case of the Petitioner that a reference application under Section 18 of the Act was filed by him before the LAC, District South-West, Kapashera, New Delhi, on 2nd June, 2009, seeking enhancement of compensation granted to him under the Award passed.

7. The Petitioner's further case is that the reference under Section 18 of the Act was filed within the time prescribed under Section 18(2) of the Act, which is disputed by the LAC. Section 18 of the Act reads as under:

“18. Reference to Court. -

(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is taken:

Provided that every such application shall be made-

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.”

8. Since the reference was not being forwarded by the LAC to the District Judge for due consideration, a writ petition was filed by the Petitioner before this Court, being WP(C) No. 103/2019 titled Shri Chander Bhan v. GNCTD &Ors. The same was disposed of on 29th January, 2019 with the following directions:-

“1. The only prayer in the present petition is that a direction should be issuedto the Land Acquisition Collector, Old Tax Terminal, Kapashera to refer the petition filed by the Petitioner under Section 18 of the Land Acquisition Act,1894 to the concerned Court.

2. Having heard learned counsel for the parties, the Court directs that the Petitioner will appear before the LAC on 22nd Feb