SURESH MARUTRAO JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE sole question, which arises for consideration in this revision application, is : Whether, to an application made to the Collector under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for a reference to the Court, the provisions of the Limitation Act, 1963 will apply? The answer to this question depends on whether the Collector, while making, or refusing to make, a reference under section 18 (1) of the Act, acts as a Court, and not as a mere Statutory Authority. Having regard to the weight of authorities on this question, it cannot be disputed that the Collector, acting under section 18 of the Act, is not a Court, but the question arises for consideration in view of an amendment of section 18 of the Act by Maharashtra Act No. XXXVIII of 1964, whereby sub-section (3) of section 18 has been added. The moot question, therefore, is as to whether the provision of sub-section (3) makes any difference.

(2.) THE facts of the case may be briefly noticed :

(3.) SECTION 18 of the Act provides that any person interested who has not accepted the Award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. Proviso to sub-section (2) mandates that such an application shall be made within six weeks from the date of the Collectors Award if the person making it was present or represented before the Collector at the time when he made his Award. In other cases, the application must be made within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of Collectors Award, whichever period shall first expire. The Maharashtra legislature, by enacting the Land Acquisition (Maharashtra Extension and Amendment) Act, XXXVIII of 1964, added the following sub-section (3) in section 18:-