WESTERNCOALFIELDS LIMITED Vs. SUNITA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award passed in Land Acquisition Case No. 41 of 1992 on 06/9/2000 by Joint Civil Judge, Senior Division, Chandrapur. The appellants were the acquiring body for whom the Special Land Acquisition Officer acquired the lands. The Special Land Acquisition Officer decided the amount of compensation payable to the respondents, whose land along with the lands of other cultivators from same village were also acquired. Since the amount of compensation awarded by the Special Land Acquisition Officer was found to be insufficient, reference under Section 18 of the Land Acquisition Act was preferred by respondent No.1. After considering the evidence available on record and hearing the rival sides, learned Civil Judge, Sr. Dn., Chandrapur partly allowed the reference and directed the appellant to pay additional amount @ Rs. 40,000/ - per acre after deducting the amount of compensation already paid together with interest by his judgment and award passed on 06/9/2000. Since the present appellants' contention that the reference was barred by limitation, was rejected and the enhanced amount granted by the Civil Judge, Senior Division was not acceptable to the appellant, present appeal has been preferred.

(2.) I have heard learned Counsel for the appellant, learned Counsel for respondents No. 1 to 5 and respondent No.6. None for respondents No. 7 and 8. After hearing both the sides, the only point that arises for my consideration is; 'Whether the reference under Section 18 of the Land Acquisition Act preferred before Joint Civil Judge, Senior Division was barred by limitation?'

(3.) ON the other hand, learned Counsel for respondents No. 1 to 5 and respondent No.6 have submitted that it is settled law that if the contents of notice are not sufficient to convey the essential terms of the award, the period of limitation would begin, not from the date of receipt of the notice but from the date of receipt of certified copy of the award. They further submitted that the respondents had applied for issuance of certified copy through one Shamrao Dobde and since Shamrao Dobde, the adjoining land owner whose land was also acquired, did not receive the certified copy of the award, out of abundant precaution, the respondents preferred reference on 16/9/1991. Thus, they submitted that in the instant case, limitation period never really started to run as these respondents could not get any knowledge about the essential terms of the award. In this way, learned Counsel for these respondents submit, the reference was filed well within the limitation.