IDICHERIA SOSA PULIPPARA Vs. STATE

JUDGEMENT

(1.) In both these appeals, on behalf of the claimant appellant, Mr. Thomas V. Jacob learned counsel challenges the award of the learned District Judge of Quilon declining to consider the claim for enhanced compensation, on the ground that the applications filed by the appellant under S.18 of the Travancore Land Acquisition Act, seeking a reference to the Civil Court, are barred by limitation.

(2.) The subject matter of the two appeals relates to the acquisition of certain lands belonging to the appellant, who is the same in both the appeals, for the purpose of constructing the Omalloor Upper Primary School. Inasmuch as the two acquisitions were made for the same purpose, they were the subject of two references to the Civil Court, namely LAR Nos. 31 and 32 of 1960. The award itself was on 28-3-1960, and the applications filed by the appellant seeking a reference to the Civil Court under S.18 of the Travancore Land Acquisition Act, are Ext. D-5 and D-9.

(3.) Pausing here for a minute, it is necessary to refer to the period of limitation provided for under S.18(2) proviso of the Travancore Land Acquisition Act, under which these two acquisitions were made. Unfortunately the learned District Judge, to whom the references were made, has proceeded on the basis that it is the proviso to S.18(2) of the Land Acquisition Act 1894 (Central Act I of 1894), that applies; and it is on that basis that he has ultimately considered the question as to whether the applications made for reference are barred by limitation or not. And it is on that basis also that the learned District Judge has ultimately held that the applications filed by the appellant are barred by limitation. There has been a misconception in the mind of the learned District Judge regarding the exact statute that applies, because the acquisition being under the Travancore Land Acquisition Act, the period of limitation for making a reference, is as provided for in the proviso to S.18(2) of the said Act. No doubt the learned Govt. Pleader pointed out that though the learned District Judge has considered the question only from the point of view of S.18 of the Central Act, even applying the provisions of the Travancore Act, the applications filed by the appellant are barred by limitation. This aspect will be considered by me in the latter part of this judgment.