MUNISWAMAPPA Vs. RAMIAH

JUDGEMENT

(1.) The short question that arises in this revision petition is as to whether the application filed before the Court below for a direction to make a reference was with in the period of limitation. It arises in this way: The land S. No.16/6 of Byyappanahalli was acquired and an award passed on the 5th of February 1964 and this was approved by the Deputy Commissioner on the 24th of July 1964. It is not disputed that one Ramaiah who was the petitioner before the Court below was one of the persons interesed in the award. He did not file an application until the year 1970, and therefore the petitioner in this revision petition has contended that the application filed for making a reference under the provisions of the Land Acquisition Act, 1961 (hereinafter called the Act) was barred by limitation. The learned trial Judge overruling that objection has issued a direction to the Land Acquisition Officer to make a reference.

(2.) In this revision petition it is strenuously urged that the view taken by the Court below that the application was within limitation was clearly untenable. Under Art.137 of the Limitation Act the application for reference has to be filed within three years from the time when the right to apply accrues and the question is when the right to make an application accrues For the purpose of appreciating this contention, it would be necessary to briefly refer to the provisions of the Act. After the award is passed, under the provisions of S.18 of the Act any person who has not accepted the award may, by written application to the Deputy Commissioner require the matter to be referred to the Court for determination by the Court as regards the compensation payable. This application has to be filed according to the provisions of sub-sec. (2) of S.18 within 90 days from the date of the service of notice from the Deputy Commissioner under sub-sec.(2)of S.12 of the Act. It is further provided under sub-sec. (3) of S.18 of the Act that the Deputy Commissioner shall within ninety days from the date of receipt of an application under sub-sec. (1) make a reference to the Court. If the Deputy Commissioner does not make a reference to the Court within a period of ninety days from the date of receipt of the application, the applicant is entitled to apply to the Court to direct the Deputy Commissioner to make a reference. Thus, under the Act statutorily a time limit of 90 days is fixed for the purpose to make the application to the Deputy Commissioner. Further a period of 90 days is fixed within which the Deputy Commissioner has to make a reference to the Court. If the Deputy Commissioner does not make a reference within a period of 90 days from the receipt of the application, then the applicant gets a cause of action to make the application, to the Court. It is not disputed by the learned Advocates appearing for the parties in the present case that what is applicable is Art.137 of the Limitation Act, 1963. The said article reads as follows:

(3.) Accordingly, this revision petition is allowed, the order passed by the Principal Civil Judge, Bangalore District, Bangalore, in L.A.C. No. 288 of 1970 is set aside and the application filed for reference is dismissed. In the circumstances of the case, parties will bear their own cost.