GRAM SEVA MANDAL WARDHA Vs. COLLECTOR WARDHA

JUDGEMENT

(1.) The appellant is a public trust who owned field Survey No. 70/3. area 4.92 acres of mouza Anji (Mothi). Under the provisions of the land Acquisition Act, 1894, after issue of notification with respect to 3-00 acres land out of the Survey Number in question, the land Acquisition Officer, Wardha, made an award on February 25, 1963. By that award, he fixed Rs. 3,852. 50p. including solatium as the compensation.

(2.) On April 20, 1963, the present appellant filed an application under Section 18 before the collector for making a reference. The appellant claimed a further sum of Rs. 3,647.50 as additional compensation . In that application, he alleged that he came to know of the award that he came to know of the award on March 4, 1963 and after receiving the copy, the application was made,. The Collector made a reference entertaining that application, which was tried by the Court of Civil Judge, Senior Division, wardha. Before the said Court, the respondent State raised amongst others the plea of limitation as far as the tenability of the reference is concerned. The parties also led evidence on merit in support of their respective cases. The learned civil Judge held against the appellant, finding that the reference itself was barred by time having been made after six weeks, from the date of the award. He further found that one D. B. Bhoyar, who signed the Roznama, was the person who represented this public trust and, therefore, the limitation started to run from February 25, 1963, under proviso (a) to Section 18 (2) of the said Act. Taking that view, he held that the claim of the appellant was unentertainable. On the matter of compensation, he found that the appellant would be entitled to Rs. 3,000 as the compensation for the well in place of Rs. 5,000 granted while he would be entitled to compensation for land at the rate of Rs. 1,000 per acre instead of Rs. 950 per acre.

(3.) Now this raises an important question as to the true interpretation of the proviso to sub-section (2) of Section 18 laying down the starting point for limitation under clause (a) or (b) of the proviso.