BHUPAL PREMCHAND SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE question that has been referred to the Full Bench is whether the provisions of the Limitation Act, 1963, and S. 5 thereof in particular, would apply to an application made to the Collector under S. 18 of the Land Acquisition Act, 1894. Jahagirdar, J. , who has made the order of reference, has pointed out that while the aforesaid question has been answered in the negative by a Division Bench of this Court in P. W. Gadgil v. P. Y. Deshpande, AIR 1983 Bom 342, speaking through Jahagirdar, J. himself, it has been held by an earlier Division Bench of this Court in Ramu Dhondi Todkar v. The Special Land Acquisition Officer (Writ Petition No. 585 of 1979 decided on 12/08/1981) speaking through Pendse, J. , that the provisions of S. 5 of the Limitation Act apply to the proceedings under S. 18 of the Land Acquisition Act.

(2.) THERE has been considerable argument at the Bar and a good number of precedents have been piled up on each side. But we do not intend to make an idle parade of learning by referring to all of them as we are inclined to hold that most of them did not consider the question in the frame, form and manner in which we propose to proceed. The earlier Division Bench judgment, where Pendse, J. spoke for the Bench, has not, however, considered the question either with reference to the relevant provisions of the Act or any other Statute or any case law on the point. But the later judgment of the Division Bench, speaking through Jahagirdar, J. , in P. W. Gadgil v. P. Y. Deshpande (supra) appears to have considered the question in considerable depth.

(3.) JAHAGIRDAR, J. has rightly pointed out that, whatever might have been the position earlier, it is now settled by the Supreme Court in Kerala State Electricity Board, AIR 1977 SC 282, that the provisions of the Limitation Act would apply to any application under any law for the time being in force provided the application is made to a Court. The result, therefore, is that if we hold the Collector acting under the provisions of S. 18, Land Acquisition Act, 1894, to be a 'court', we would have to hold that the provisions of the Limitation Act, including obviously S. 5 thereof, would apply to an application made to the Collector under S. 18 of the aforesaid Act.