MAHENDRA CHANDRA DATTA Vs. ABHOY CHARAN SARMA

JUDGEMENT

(1.) This appeal arises out of a proceeding under the Land Acquisition Act and the question involved in the appeal is whether the appellant or the respondent should get the compensation awarded by the Collector.

(2.) A preliminary objection has been taken on behalf of the respondent that the reference under Section 18 was barred by limitation, inasmuch as it was not made within six weeks from the date of the Collector s award. It is contended that, as a Mukhtear appeared at some stage of the proceedings, it must be taken that the appellant was represented before the Collector at the time when the Collector made his award.. It appears, however, that some time before the date of the award, the Collector passed an order that the appellant should go to the Civil Court; and it does not appear that the Mukhtear took any further part in the proceedings before the Collector. That being so, the appellant was not present or represented before the Collector at the time when he made his award. The reference having been made within six months of the award was within time under Section 18, Sub-section (2), Clause (b) The preliminary objection is accordingly overruled.

(3.) The dispute between the parties relates to compensation for five plots of land, namely, plots Nos. 14, 19, 20, 58 and 28. So far as plot No. 28 is concerned, it appears that, after the delivery of possession thereof to the appellants predecessor, who purchased it at an execution sale, the respondent preferred a claim which was successful and no suit was brought within the period of limitation. The claim, so far as this plot is concerned, was not pressed in argument before the Court below and must accordingly be disallowed.