Jamita Ram and Others v. Collector of Kangra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1982 Supreme(Online)(HP) 3

HIMACHAL PRADESH HIGH COURT
, J
Jamita Ram and Others v. Collector of Kangra

Advocates:
For the Appellants/Petitioners: Mr. Shamsher Singh Kanwar
For the Respondents: N/A

Table of Content
1. assessment of court's duty regarding references under the land acquisition act. (Para 1 , 4 , 5)
2. right to opportunity in proving limitation for claims. (Para 2 , 11 , 12)
3. clarification on the process for trials related to time-barred applications. (Para 9 , 14 , 15)

1. "Whether a Court to whom a reference under S.18 of the Land Acquisition Act has been made can go behind the reference and decide whether the application has been made beyond the period of limitation?" is the question which arises for decision in these revisions. The Supreme Court in Mahammed Hasnuddin v. State of Maharashtra , AIR 1979 SC 404 , has ruled that the Court has the right nay a duty, of satisfying itself that the reference is valid and proper reference. However, Mr. Shamsher Singh Kanwar, learned counsel for the petitioners, contends that this judgment is not applicable in this State because of addition of sub-section (3) in S.18 of the Land Acquisition Act (the Act). Before I analyse the law I may briefly refer to the facts of one case since similar facts are involved in other cases.

2. In Civil Revision No.127 of 1981 the petitioner is Jamita Ram. His land was acquired for the const