P.S. Muralidharan Nair and Another vs District Collector and Others

S. Sankarasubban, J.—Both these cases relate to the dismissal of reference applications filed by the Petitioners u/s 18 of the Land Acquisition Act. The Award notices were served on first and second Petitioners in O.P. 3495/98 on 5th June 1996 and 7th June 1996. They filed the reference applications on 21st June 1996 and 11th July 1996. Similarly the notices were served on the Petitioners in O.P. No. 23038/97 on 7th June 1996 and 5th June 1996. In both the cases reference applications were filed within six weeks from the date of receipt of the Award of notice. But the Land Acquisition Officer rejected the reference application on the ground that these reference applications are beyond six months from the date of the Award. The orders challenged in O.P. 3495/98 are Exts. P-13 and P-14. In the other O.P. the order challenged is Ext. P-8. There is a prayer for direction in both these cases to refer the reference applications to Court. Counter-affidavit has been filed in both these cases. The justification or reasons for not to refer the case is that the reference applications were filed 6 months after the date of the Award. Section 18 of the Land Acquisition Act is as follows:

Reference to Court.-(1) Any person interested who has not accepted the Award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the porsons to whom it is payable, or the apportionment of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the Award is taken:

Provided that every such application shall be made-

(a) if the person making it was present or represented before the Collector at the time when he made his Award, within six weeks from the date of the Collector�s Award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector u/s 12, Sub-section (2) or within six months from the date the Collector''s Award, whichever period shall first expire.

As per the proviso the application shall be made if tile person was present or represented before the Collector when he made his Award within six weeks from the date of the Collectors''s Award and in other cases within six weeks from the date of receipt of the notice from the Collector u/s 12 of Sub-section (2) or within six months from the date of the Collector''s Award, whichever is earlier. Here admittedly the Petitioners were not present when the Award was made. Thus the period is to be calculated as per Section 18(2). There is also no case that the reference applications were filed beyond six weeks from the date of receipt of the notice. They were all filed within six weeks from the date of receipt of the award notice. The only question is since the Award was made on 20th December 1995 are the reference applications filed beyond six months. In this context, it is useful to refer to the decision in Raja Harish Chandra Raj Singh Vs. The Deputy Land Acquisition Officer and Another, , wherein it was observed by the Supreme Court as follows:

These decisions show that where the rights of a person are affected by any order and limitation is prescribed for the enforcement of the remedy by the person aggrieved against the said order by reference to the making of the said order, the making of the order must mean either actual or constructive communication of the said order to the party concerned.

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The Court came to the conclusion that the expression "the date of the Collector''s Award'' means the actual or constructive communication of the said order to the party concemed."

In both these cases Petitioners have clearly stated that they came to know about the Award only when they receive the notices. Thus it cannot be said that reference applications are made beyond time. Hence orders refusing to refer Exts. P-13 and P-14 in O.P. 3495/98 and Ext. P-8 in O.P. 23038/97 are quashed. The reference applications filed are allowed. There will be a direction to the iRespondents to refer the question regarding the valuation of the property of the Petitioners to competent Civil Court within a period of one month from the date of receipt of a copy of the judgment.

The Original Petitions are allowed.