RANI KRISHNA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure arising out of an order of the learned Subordinate Judge in a reference under Section 18 of the Land Acquisition Act, raises an interesting question of law, and perhaps of first impression.

(2.) The learned Single Judge while admitting the application as a revision, directed the attention of the Bench to be drawn at the time of the final hearing to the question as to whether the application as a revision was maintainable or it was an appealable order.

(3.) In order to appreciate the question, I would state the relevant facts very briefly. 8.33 acres of Land of the petitioner were acquired under a land acquisition proceeding. The Collector gave his award on 20th March, 1961, and the petitioner being dissatisfied with the amount of compensation made an application for referring the matter for determination of the Court. The Collector had allowed a total compensation of Rs. 2507,52 whereas the petitioner in her application under Section 18 of the Act, made a claim for Rs. 36,900. The Court below registered the case as Land Acquisition Case No. 17 of 1963 and proceeded to determine the amount of compensation to be awarded to the petitioner under the various heads as contemplated under Section 23 of the Act. Parties adduced evidence by examination of witnesses and production of documents. On merits the court below recorded a finding in favour of the petitioner in part whereby the petitioner could be entitled to get a compensation of Rs. 8,111.20. The Court below, however, in spite of the above determination confirmed the award of the Collector on the ground that the reference was barred by limitation not having been made within a period of six weeks as provided under Section 18 (2) (b) of the Act. The petitioner was accordingly held not entitled to the benefit of his finding on the matters determining the compensation.