Himachal Pradesh Court October 1981 Judgments
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Jamita Ram and ors. Vs. Collector of Kangra District
Court: Himachal Pradesh
Decided on: Oct-30-1981
Reported in: AIR1982HP53
V.D. Misra, C.J. 1. 'Whether a Court to whom a reference under Section 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, con-tends that this judgment is not applicable in this State because of addition of Sub-section (3) in Section 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 construction of Beas Dam at Pong by an award dated 31st January, 1...
Rajkumar Rajindra Singh Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Oct-21-1981
Reported in: AIR1982HP92
Vyom Prakash Gupta, J. 1. The petitioner has challenged a notification Dt./- 26th May, 1972 (Annexure-U) issued under Section 48 (1) of the Land Acquisition Act (hereinafter shortly called the Act), by which the proceedings for the acquisition of the land measuring 35 bighas 2 biswas belonging to the petitioner have been withdrawn.2. The brief facts are that a notification (Annexure-C) under Section 4 of the Act was issued on 4-10-1967 for acquiring petitioner's land measuring 35 bighas 2 biswas. Another notification under Section 6 (Annexure-E) was issued on 25-9-1968. Objections under Section 9 (Annexure-G) were filed by the petitioner and an award (Annexure-H) was announced by the Acquisition Collector on 12-7-1969. By this award the Land Acquisition Collector assessed the compensation payable to the petitioner but it was ordered that the compensation would be paid after getting clearance from the Commissioner (Revenue) Himachal Pradesh.3. Objections under Section 18 of the Act were...
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