KUNHIBI Vs. LAND ACQUISITION OFFICERKOZHIKODE

JUDGEMENT

(1.) The petitioner and her sister, Pathummabi, owned an item of property, T. S. No. 92/6, Block 4, Ward 10, within the Calicut Municipality. The said item has been acquired by the State under the provision of the Land Acquisition Act, 1894. Pathummabi, it is alleged, has relinquished her share of the compensation in favour of the petitioner and informed the respondent, the Land Acquisition Officer, Kozhikode, that the entire compensation may be paid to the petitioner.

(2.) The petitioner moved the respondent to make a reference under S.18 of the Land Acquisition Act, 1894; but he rejected the application on the ground that it was filed out of time. Many, of the facts relevant to the consideration of the question of limitation are in dispute and it is impossible for me to evaluate the truth or otherwise of the statements made by the petitioner and denied by the respondent.

(3.) According to the respondent the award was made on 10-11-1956, notice thereof under S.12 (2) of the Act was served on the petitioner on 23-11-1956 and the application for a reference under S.18 of the Act was received only on 5-1-1957. If these dates are correct-and I have to assume that they are correct-the petition, it is agreed, is barred by limitation unless the petitioner is entitled to exclude the time spent for obtaining a copy of the award.