COLLECTOR ASSISTANT COMMISSIONER, JAMMU Vs. SHIV DUTT

JUDGEMENT

(1.) A short question involved in this appeal is, as to wherefrom shall the period of limitation start in respect of an appeal arising out of an award passed by a District Judge while answering a reference made to him in terms of Sec. 18 of the Land Acquisition Act.

(2.) IN the ordinary course, we have no problem in comprehending Art. 156 of the Limitation Act. There can be no two opinions with regard to the interpretation of this provision of law. The facts involved in the present case take out the same from the pedigree of an ordinary case. Here the District Judge, while deciding a reference made to him by the Collector in terms of Sec. 18 of the Land Acquisition Act, (Act hereafter), on 13.3.1989 held the interested persons entitled to compensation @ Rs. 80,000/ - per Kanal. They were also entitled to 15% solatium on the compensation and interest @ 6% per annum, from the day possession of the land was taken. The concluding para of the award passed by the District Judge on 13.3.1989 is reproduced as under: -

(3.) THE case of the appellant before the learned Single Bench has been that period of limitation will start from 9.7.1990 and not from 13.3.1989 because it was on 9.7.1990 that the emended decree was passed. Learned Single Bench has turned down this argument. He has relied upon the interpretation of the words date of decree  occurring in order 20 Rule 7 of the Code. According to him date of decree  and date of signing of the date  are two different clauses connoting two different situations etc.