SHRIYANA KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition filed under Article 227 of the Constitution of India. The grievance of the petitioners is that their application seeking reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), has been withheld contrary to law. The Collector had rejected the prayer on the ground that the application was barred by limitation.

(2.) BEFORE dealing with the arguments raised by the petitioner, it would be appropriate to cite the provisions of Section 18 of the Act. This section reads as under :

(3.) SECTION 18 of the Act was interpreted by the Supreme Court of India in Harish Chandra v. Deputy Land Acquisition Officer, AIR 1961 SC 1500, and it was laid down therein that the limitation would start from the date of award if the claimants are present and if they are not present, from the date of knowledge. The observations made by the Supreme Court are as under :