JANKIBAI TUKARAM Vs. NAGPUR IMPROVEMENT TRUST NAGPUR

JUDGEMENT

(1.) In this Civil Revision Application by one Jankibai the order passed by the lande Acquisition Officer, Nagpur, rejecting her application to make a reference under S. 18 of the Land Acquisition Act which ill hereinafter be referred to as the Act on the ground that it was time-barred is being challenged. The award was passed on 25-6-1958 and the application under Section 18 of the Act to the Collector prarying that the matter be referred under that section for the determination of the Court was on 19-8-1958. The application as rejected on the ground that the notice required by sub-secton (2) of Section 12 of the Act was served on 3-7-1958 by affixture on the house of Jankibai, and that therefoe under the proviso to Section 18 the application which was made on 19-8-58 was made more than six weeks from the date of service of notice, namely, 3-7-1958, and that the application could not therefore be entertained.

(2.) A preliminary objection has been taken by the learned counsel for the opponent on the ground that this revision application oes not lie, that even if it lies it should have been made to the Tribunal under the Nagpur Improvement Trust Act, and that the Collector not having been made a party to the present application, the application is not maintainable.

(3.) Before referring to the merits of the applications, this preliminary objection will e first disposed of. There is no merit in the contention that the revision application does not lie because sub-section (3) of Section 18 of the Act in terms provides :