AMAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Since singualar question, namely, whether provisions of Section 5 of the Limitation Act, 1963 apply to proceeding under Section 18 of the Land Acquisition Act, 1894 arises for consideration in this batch of civil revisions, they were heard analogously and are being decided by this common order. For the facility of reference, facts from Civil Revision No.41/2009 are being referred to, which are stated infra.

(2.) The facts giving rise to filing of revision, briefly stated, are that the land of the applicant was acquired for Industrial Infrastructure Development Authority and an award was passed on 12.1.1990. Thereafter, the applicant in Civil Revsion No.41/2009 filed an application for reference under Section 18 dated 26.12.2001 alongwith an application under section 5 of the Limitation Act. The aforesaid application has been rejected by the Collector vide order dated 17.12.2008 on the ground that same is barred by limitation.

(3.) Mr.Prashant Sharma, learned counsel for the applicant has invited the attention of this Court to M.P. Amendment in Section 18 of Land Acquisition Act and has submitted that order passed by the Collector on an application under section 18 shall be subject to revision by the High Court as if the Collector were a court subordinate to High Court within the meaning of section 115 of the Code of Civil Procedure Code. It is further submitted that a legal fiction has been created and the Collector has been treated to be Court while exercising powers under section 18 of the Land Acquisition Act and, therefore, provisions of section 5 of the Limitation Act would apply to proceeding under section 18 of the Land Acquisition Act, 19613 in view of section 29 of the Lmitation Act. In support of aforesaid submissions learned counsel has placed reliance on decision of Full Bench of this Court in the case of Mohammad Sagir vs. Bharat Heavy Electricals and others, 2004 2 MPLJ 359. On the other hand, learned counsel for the respondent No.3 has submitted that provisions of Limitation Act do not apply to the proceeding under section 18 of the Land Acquisition Act.