2019 PLP 1245 (YLR)

ALI BAIG, J.

Through this writ petition the petitioners have called in question the validity and legality of the impugned order dated 24-5-2018 passed by Collector/ Deputy Commissioner Nagar, whereby the Collector Land Acquisition Nagar has verbally returned the Reference Petition filed under section 18 of the Land Acquisition Act, 1894 to the petitioners by repudiating to send the same to Referee Court/District Court Nagar.

2. The learned counsel appearing on behalf of the petitioners contended that the petitioners had filed Reference Petition under section 18 of the Land Acquisition Act, 1894 before the respondent No.1/Collector Nagar against the award dated 08-8-2017 passed by the Collector/respondent No.1 with the request to refer the petition to the learned Referee Judge/District Judge Nagar for determination of compensation amount of acquired land of the petitioners. The learned counsel for the petitioners further argued that since the petitioners have filed the Reference Petition under section 18 of the Land Acquisition Act 1894 before the Collector Nagar/respondent No.1 within the time and he was bound to refer/send the said petition to the Referee Court under the relevant provisions of the Land Acquisition Act, 1894, but the respondent No.1 has illegally returned the Reference Petition verbally without recoding reasons to return the petition, hence the respondent No.1 has committed material irregularity and illegality while passing the verbal impugned order which is not maintainable and liable to be set aside.

3. On the other hand the learned Assistant Advocate General while representing the respondents controverted the arguments advanced by the learned counsel for the petitioners by contending that since the petitioners have not impleaded necessary parties i.e. Provincial Government and GB PWD authorities as respondents, therefore, this writ petition is not maintainable and liable to be dismissed.

4. We have heard the learned counsel for the parties and perused the available record.

5. From perusal of record it transpires that the disputed award was passed by the collector/respondent No.1 on 08-8-2017 and the Reference Petition under section 18 Land Acquisition Act 1894 was filed by the petitioners before the respondent No.1 on 19-9-2017, hence prima facie Reference Petition of the petitioners seems to be within time. Under the provisions of section 18 of the Land Acquisition Act 1894, the Collector is bound to forward the Reference Petition to the Referee Court for adjudication if it has been filed within statutory time limit. The Collector Land Acquisition cannot return the Reference Petition verbally without recording reasons for returning or disposing of the Reference Petition.

6. It is astonishing to observe that the Collector/ Deputy Commissioner Nagar has reportedly returned the Reference Petition without recording of the reasons and justification, as such the respondent No.1 has adopted novel procedure by verbally returning the Reference Petition which is not permissible under law and the Collector/ D.C. Nagar should have recorded the reasons in writting before returning of the same. From the conduct of respondent No.1, it appears that he is ignorant of the relevant provisions of the Land Acquisition Act 1894.

7. For what has been discussed above, we have come to the conclusion that the respondent No.1 has committed material irregularity and illegality while passing the impugned verbal order dated 24-5-2018, hence the impugned verbal order of the respondent No.1 is not maintainable in the eye of law, thus the said verbal order of respondent No.1/ Collector Nagar dated 24-5-2018 is set aside by allowing this writ petition. The Reference Petition filed under section 18 of the Land Acquisition Act, 1894 is remanded back to the learned Collector Nagar with the direction to decide the matter afresh after recording of reasons for returning of the Reference Petition in writing. Resultantly, the reference petition filed under section 18 of the Land Acquisition Act, 1894 by the petitioners shall be deemed pending before the Collector Nagar. Parties are directed to appear before the learned Collector Nagar/ respondent No.1 on 02-11-2018. File. SA/209/GB Petition allowed.