RAM KALI BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal by certificate under Article 133 (1 against the Order of the High court dated 28/9/1977 of Calcutta High court.

(2.) The only question in this appeal is whether the reference applications made by the appellant were within the limitation as provided under the proviso to Section 18 (2 of the Land Acquisition Act, 1894 (for short "the Act"). The notification under Section 4 of the West Bengal (Requisition and Acquisition) act, 1948 (2 of 1948 was published on 10/4/1949. The record would indicate that the Land Acquisition Collector appears to have made the award on 22/3/195151 and appears to have signed the same on 30/3/1951. We are not giving any finding in that behalf. Dissatisfied therewith the claimants sought for reference and the civil court enhanced the compensation. The State went in appeal to the high court. The division bench noticed that the reference applications were made beyond limitation and that therefore the award of the civil court was held to be without jurisdiction. Thus, this appeal by certificate,

(3.) Shri Poti, learned Senior Counsel for the appellant, contended that when the award itself was signed by the Collector on 29/3/1951, the service of the notice under Section 12 (2 of the Act on 6/2/1931 appears to be not correct and so the reference applications which came to be made on 26/6/1951 and 7/9/195151 are valid and within limitation and the High court was not justified in holding that reference applications were beyond limitation.