Case Note & Summary
The case arises from a land acquisition matter where the appellant's land was acquired by the Special Land Acquisition Officer, Kanholi Nalla Project, Nagpur. The Collector declared the award on 20.03.1979. The appellant filed an application under Section 18 of the Land Acquisition Act, 1894 for reference to the civil court on 16.05.1979, which was received by the Collector's office on 30.05.1979. The Collector forwarded the application to the reference Court on 23.05.1980/10.02.1981. The reference Court (7th Jt. Civil Judge Senior Division, Nagpur) in Special Land Acquisition Case No. 8/1981 rejected the reference application on 09.08.1996, holding it barred by limitation and also on merits. The appellant appealed to the Bombay High Court. The High Court examined the limitation provision under Section 18(2)(b) of the Land Acquisition Act, which requires the application to be made within six months from the date of the Collector's award. The Court noted that the award was declared on 20.03.1979 and the application was received on 30.05.1979, well within the six-month period (expiring on 20.09.1979). The High Court held that the reference Court erred in dismissing the application as time-barred. The Court also noted that the reference Court had dismissed the application on merits, but since the limitation issue was wrongly decided, the matter required reconsideration. The High Court allowed the appeal, set aside the impugned judgment and order, and remanded the matter to the reference Court for fresh consideration on merits, directing the parties to appear on 08.02.2010.
Headnote
A) Limitation - Reference under Section 18 - Computation of Limitation - Land Acquisition Act, 1894, Section 18(2)(b) - The application under Section 18 must be made within six months from the date of the Collector's award. The award was declared on 20.03.1979 and the application was received by the Collector on 30.05.1979, which is within six months from 20.03.1979 (expiring on 20.09.1979). The reference Court erred in holding the application as barred by limitation. Held that the application was within limitation (Paras 2-5).
Issue of Consideration
Whether the reference application under Section 18 of the Land Acquisition Act, 1894 was barred by limitation
Final Decision
Appeal allowed. Impugned judgment and order dated 09.08.1996 passed by 7th Jt. Civil Judge Senior Division, Nagpur in Special Land Acquisition Case No. 8/1981 is set aside. The matter is remanded back to the reference Court for fresh consideration on merits. Parties directed to appear before the reference Court on 08.02.2010.
Law Points
- Limitation for reference under Section 18 of Land Acquisition Act
- 1894
- Computation of limitation from date of award
- Application made within six months of award is within limitation
