MUBARAK SHAH Vs. COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) AN order passed by the Additional District Judge, Doda, whereby a finding has been recorded that the application seeking reference was barred by limitation, is the subject matter of challenge in this petition.

(2.) IN this regard, it would be apt to mention that the relevant date for the purpose of determining limitation is the date of award either communicated to or is known by the party whether actually or constructively. The period of limitation is six weeks when the award is made in presence of the parties. It is six months when a party comes to the court with a plea that he acquired knowledge on a particular date. Therefore, with a view to determine the period of limitation, what was required to be taken note of was the date when knowledge was acquired by the petitioner. Such a finding is not recorded by the Additional District Judge, Doda, therefore, the matter is sent back to the court above to re -decide the issue. In doing so, the said court would take notice of the decision of the Supreme Court reported as AIR 1961 SC 1500, Raja Harish Chandra Raj Singh Vs. The Deputy Land Acquisition Officer and another.

(3.) THE learned counsel for the State submits that the order impugned in the petition is appealable. He is placing reliance on a decision given by the Punjab and Haryana High Court reported as AIR 1980 P&H 329, Pokhar Singh Vs. State of Haryana.