KASHABA DAJI SHINDE Vs. M.V. HINGE

JUDGEMENT

(1.) The short question raised in this petition is whether a person applying to the Collector to make a reference under section 18 (1) of the Land Acquisition Act can claim exclusion of the time taken for obtaining copies of the award in respect of which he applied that a reference should be made.

(2.) The facts are not in dispute. The award in this case was made by the Land Acquisition Officer, Satara, on Aug. 30, 1961. Notice under section 12 (2) of the Land Acquisition Act of the making of the award was given on Dec. 23, 1961. On Jan. 3, 1962, the petitioner went to the office of the Collector and made an application for certified copies of the award. He received the copy of the award on Jan. 18, 1962. He filed his application under section 18 (1) on Feb. 12, 1962. The Collector has declined to make any reference on the short ground that the petitioner's application under section 18 was barred by time. Sec. 18 runs as follows:

(3.) Now there is no question here of the latter part of the second proviso to section 18 (2) applying for the notice from the Collector under section 12 (2) was received, as shown above, on Dec. 23, 1961. Therefore, for the purpose of limitation the clause of the proviso which is applicable is "within six weeks of the receipt of the notice from the Collector under section 12 (2)". Now the notice was received on Dec. 23, 1961. The petitioner filed his application under section 18 (1) on Feb. 12, 1962, which^ is more than six weeks from the date of the notice. The six weeks expired on Feb. 3, 1962. Thus the application under section 18 would be barred by nine days unless as has been contended by Mr. Rane on behalf of the petitioner he is entitled to exclude the time taken for obtaining copies of the award. The time taken, as we have already shown, was from Jan. 8, 1962, to Jan. 18, 1962, and if the petitioner could claim exclusion of this time it would bring his application within six weeks and, therefore, clearly within limitation. In order to claim exclusion of the time taken for obtaining the copy of the award, Mr. Rane on behalf of the petitioner has relied upon two provisions of the Limitation Act-sub-s. (2) and sub-s. (4) of section 12-read with section 29 thereof.