SICOM LIMITED, THROUGH ITS REGIONAL MANAGER, UDDYOG BHAVAN, CIVIL LINES, NAGPUR Vs. STATE OF MAHARASHTRA, THROUGH COLLECTOR, WARDHA

JUDGEMENT

(1.) This is an appeal questioning the legality and correctness of the award passed under Section 18 of the Land Acquisition Act, 1894 (L.A. Act for short) in Land Acquisition Case No.89/1991 by the Joint Civil Judge, Senior Division, Wardha.

(2.) The land of the original claimant, deceased Nagoraorepresented in this appeal by his legal heirs, was acquired compulsorily for public purposes. The Collector passed his award under Section 11 of the L.A. Act on 29.03.1988. Not being satisfied with the same, the land owner/original claimant filed an application under Section 18 for making a reference to the Court of Civil Judge, Senior Division, Wardha for granting appropriately enhanced compensation for the acquired land. This application was contested on merits by the State, which was the acquiring body. It appears that this appellant came into picture much later when the acquired land was transferred to it by the State. Be that as it may, the fact remains that the reference application was strongly opposed by the State. One of the objections was that the reference application was barred by limitation. After hearing the contesting parties on merits, the reference court partly allowed the application and granted enhanced compensation to the original claimant. In the process, needless to say, the objection regarding bar of limitation was also rejected by the reference court. The judgment and award in this regard were passed on 21.01.2002. As the present appellant was of the opinion that the reference application filed under Section 18 of the L.A. Act was barred by limitation, on this narrow aspect, the appellant has preferred the present appeal.

(3.) Learned counsel for the appellant submits that the notice under Section 12(2) of the L.A. Act was indeed issued to the original claimant and that it was also received by the original claimant and therefore, the reference application was clearly barred by limitation. According to learned counsel for the legal heirs of the original claimant, even if such notice was issued, it was never received by the original claimant and there is no evidence to show that the notice was received on a particular date by the original claimant and therefore, as per Section 18(2)(b) of the L.A. Act, the limitation period in the present case would be reckoned from the date of the award passed by the Collector, which was 29.03.1988 and when so reckoned, the reference application filed on 21.06.1988 would have to be said as within limitation.