Case Note & Summary
The appellant, Tulshiram Ganpat Dambhare, filed a First Appeal challenging the judgment and order dated 11.07.1996 passed by the 7th Joint Civil Judge, Senior Division, Nagpur in Special Land Acquisition Case No. 16/1981. The reference court had rejected the appellant's reference application under Section 18 of the Land Acquisition Act, 1894 on the ground that it was barred by limitation and also on merits. The appellant's land was acquired for the Kanholi Nalla Project, and the Special Land Acquisition Officer passed an award on 11.04.1979. The appellant made an application under Section 18 on 16.05.1979, which was received by the Collector on 31.05.1979. 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 date of award was not mentioned and the application was filed on 25.05.1980/10.02.1981. The High Court examined 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 on 11.04.1979, and the application was received by the Collector on 31.05.1979, which is within six months (expiring on 10.10.1979). The court held that the application was perfectly within the period of limitation. The reference court's finding that the application was barred by limitation was erroneous. 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 application in accordance with law within six months.
Headnote
A) Limitation - Reference under Section 18 - Computation of period - 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 date of receipt of the application by the Collector is relevant, not the date of forwarding to the reference court. In this case, the award was on 11.04.1979, the application was received by the Collector on 31.05.1979, which is within six months (expiring on 10.10.1979). Hence, the application was within limitation. (Paras 2-4)
Issue of Consideration
Whether the reference application under Section 18 of the Land Acquisition Act, 1894 was barred by limitation when the application was made within six months from the date of the Collector's award.
Final Decision
Appeal allowed. Impugned judgment and order dated 11.07.1996 set aside. Matter remanded to the reference court for fresh consideration on merits. Reference court directed to decide the reference application in accordance with law within six months from the date of receipt of the order.
Law Points
- Limitation for reference under Section 18 of Land Acquisition Act
- 1894
- Computation of limitation period
- Date of application vs date of receipt by Collector
Case Details
2010 LawText (BOM) (01) 158
Mr. M. R. Joshi for appellant, Mr. D.M. Kale, A.G.P. for respondent
Tulshiram Ganpat Dambhare
Special Land Acquisition Officer, Kanholi Nalla Project, Nagpur
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Nature of Litigation
First Appeal against rejection of reference application under Section 18 of Land Acquisition Act, 1894 on ground of limitation and merits.
Remedy Sought
Appellant sought enhancement of compensation for land acquired for Kanholi Nalla Project.
Filing Reason
Reference court rejected the application as barred by limitation and on merits.
Previous Decisions
Reference court (7th Jt. Civil Judge Senior Division, Nagpur) in Special Land Acquisition Case No. 16/1981 rejected the reference application on 11.07.1996.
Issues
Whether the reference application under Section 18 of the Land Acquisition Act, 1894 was barred by limitation.
Submissions/Arguments
Appellant argued that the application under Section 18 was made within six months from the date of award (11.04.1979) as it was received by the Collector on 31.05.1979.
Respondent argued that the application was barred by limitation as the date of award was not mentioned and the application was forwarded to the reference court on 25.05.1980/10.02.1981.
Ratio Decidendi
Under Section 18(2)(b) of the Land Acquisition Act, 1894, the application for reference must be made within six months from the date of the Collector's award. The date of receipt of the application by the Collector is the relevant date for determining limitation, not the date of forwarding to the reference court. In this case, the application was received by the Collector on 31.05.1979, which is within six months from the award date of 11.04.1979, and thus the application was within limitation.
Judgment Excerpts
Section 18(2)(b) being relevant for the purpose of controversy involved in this case is reproduced below: '18. Reference to Court. (1) ..... (2) ..... (a) ..... (b) in other cases, within six weeks of the receipt of the notice from the Collector under Section 12, sub section (2), or within six months from the date of the Collector's award, whichever period shall first expire.'
The Collector declared the award on 11.04.1979 and the application under Section 18 of Land Acquisition Act for reference was received by Office of the Collector on 31.05.1979 the period of six months from 11.04.1979 will expire on 10.10.1979. Hence, it is apparent that the application under Section 18 was perfectly within the period of limitation.
Procedural History
Award by Special Land Acquisition Officer on 11.04.1979. Appellant made application under Section 18 on 16.05.1979, received by Collector on 31.05.1979. Collector forwarded application to reference court on 25.05.1980/10.02.1981. Reference court (7th Jt. Civil Judge Senior Division, Nagpur) rejected the reference application on 11.07.1996 in Special Land Acquisition Case No. 16/1981. Appellant filed First Appeal 743/1996 in Bombay High Court, Nagpur Bench, which was admitted on 18.12.1996. High Court allowed the appeal on 07.01.2010.
Acts & Sections
- Land Acquisition Act, 1894: 18, 18(2)(b), 12(2)
