Case Note & Summary
The appellant, Madhukar Ramdas Gajbhiye, filed a First Appeal challenging the judgment and order dated 17.07.1996 passed by the 7th Joint Civil Judge, Senior Division, Nagpur in Special Land Acquisition Case No. 10/1981. The reference Court had rejected the appellant's reference application under Section 18 of the Land Acquisition Act, 1894 on the ground of being barred by limitation and also on merits. The appellant's land was acquired for the Kanholi Nalla Project, and the Special Land Acquisition Officer declared an award on 20.03.1979. The appellant made an application under Section 18 on 21.05.1979, which was received by the Collector on 30.05.1979. The Collector forwarded the application to the reference Court on 25.05.1980/10.02.1981. The reference Court held that the application was barred by limitation because the appellant had mentioned that the award was passed in April 1979 without specifying the exact date, and that the appellant received notice on 24.03.1979. The High Court examined Section 18(2)(b) of the Land Acquisition Act, which requires the application to be made within six weeks of receipt of notice under Section 12(2) or within six months from the date of the Collector's award, whichever expires first. The High Court noted that 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). Therefore, the application was within limitation. The High Court also noted that the reference Court had recorded a finding that the applicant had mentioned the award was passed in April 1979, but the actual date of award was 20.03.1979. The High Court held that the reference Court erred in rejecting the application on limitation. 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 reference Court to decide the reference within six months from the date of receipt of the order.
Headnote
A) Limitation - Reference under Section 18 - Computation of Limitation - Section 18(2)(b) Land Acquisition Act, 1894 - The application under Section 18 must be made within six months from the date of the Collector's award. In this case, 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 (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 when the application was received by the Collector within six months from the date of the award.
Final Decision
Appeal allowed. Impugned judgment and order dated 17.07.1996 set aside. Matter remanded to reference Court for fresh decision on merits within six months.
Law Points
- Limitation for reference under Section 18(2)(b) Land Acquisition Act
- 1894
- Computation of limitation from date of award
- Application received by Collector within six months is within limitation
