SPECIAL LAND ACQUISITION OFFICER Vs. NATHAJI KACHARAJI

JUDGEMENT

(1.) These appeals have been referred to the Full Bench on a legal question of limitation based on interpretation of provisions of section 18 of the Land Acquisition Act,1894 (hereinafter referred to as `the Act').In the course of hearing and decision of the first appeals,the Division Bench (coram: Y.B.Bhatt and C.K.Buch, JJ) finds that in view of several decisions of the Supreme court and Full Bench of this court which we shall hereinafter deal in detail, several decisions rendered by the Division Benches of this court are no longer good law and are required to be over-ruled.

(2.) Since the question referred is purely one of law and based on interpretation of provisions of section 18 of the Act, we need not discuss the facts of the first appeals. It is enough for our purpose to state that the applications made by the land owners to the Collector for seeking reference of the cases to the court on the quantum of compensation were held by the learned Judge of the lower court as having been filed beyond period of six months prescribed in later part of proviso (b) to sub-section (2) of section 18 of the Act. But the learned Judge, by a separate order made on 19.8.1994 treated them within time (vide exh. 31 of the record of the lower court).He held that the applications were not barred and that delay is condonable because the essential contents or copies of the award were not communicated to the land owners.The period of limitation commences from the date of passing of the award. The learned counsel for the State has filed a chart to show that in all the cases, awards were made on 3.10.1974. Payment of compensation was made and possession was taken on 9.10.1974.The land owners were served with notice under section 12 (2) of the Act on 7.10.1974. They filed applications to the Collector for seeking reference to the court on quantum of compensation under section 18 of the Act on 28.4.1988.

(3.) The Full Bench proposes to answer only the legal question of law of limitation in the light of the decisions of the Supreme Court. It would leave for decision other questions of law and issues arising in the first appeals to the Division Bench.