ASSISTANT COMMISSIONER Vs. BHEMA SHIDDAPPA NAIK

JUDGEMENT

(1.) certain extent of land comprised in various survey numbers situated in biranal and byakud villages of raibag taluk were acquired for the construction of an irrigation tank under preliminary notification published on 11-10-1973.

(2.) as against the land acquisition officer's award dated 31-3-1977 at the rate of Rs. 840/- per acre, the reference court has fixed the market value of the land at Rs. 4,000/- per acre, in addition to awarding statutory benefits. The state being aggrieved by the enhancement has preferred this appeal.

(3.) a preliminary objection regarding the question of limitation arises in this case. It is not disputed that an application under Section 18 for referring the award to the court for adjudication of the market value was filed before the land acquisition officer within a period of 3 months i.e., on 18-5-1977. Admittedly, no reference having been made, the claimant made an application on 28-6-1986 under Section 18(3)(b) of the Land Acquisition Act seeking direction for a reference to be made. The question for consideration is whether this application made after the expiry of 3 years and 90 days from the date of the application under Section 18 to the land acquisition officer seeking reference, is barred by time. In assista it Commissioner v Lakshmi Bai, while considering the statutor obligation on the land acquisition officer to make reference under Section 18(1), m.n. venkatachaliah, j. (as he then was), has observed thus: