RAVJI KALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Sec. 54 of the Land Acquisition Act read with Sec. 96 of C.P.C. filed by the original claimant in a Reference under Sec. 18 of the Land Acquisition Act.

(2.) The Reference Court, while dealing with the merits of the Reference under Sec. 18 of the said Act, dismissed the Reference as being time-barred. The undisputed and undisputable facts are that the award passed by the Land Acquisition Officer under Sec. 11 of the said Act is dated 12th February, 1972. The applicant obtained the certified copy of the award on 5th May, 1972. The Reference under Sec. 18 was filed on 26th December, 1986, i.e., more than 14 years later. There was no application for condonation of delay filed either before the Collector, or before the Reference Court.

(3.) It is, therefore, obvious that the Reference is clearly barred by limitation by virtue of proviso to sub-sec. (2) of Sec. 18 of the said Act, no matter whether clause (a) or clause (b) of the said proviso is considered applicable to the facts of the case. It is obvious that in either case limitation would commence to run from the date of knowledge of the award, and since the applicant obtained the certified copy of the award on 5th May 1972, that would be the starting point of limitation.