LAKSHMI NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision application under sec. 18 (3) of the Rajasthan Land Acquisition Act, 1953, against an order of the District Judge, Kota, rejecting a reference made to him under sec. 18 of the Land Acquisition Act by the Collector at his instance on the ground that it was barred by limitation.

(2.) THE award by the Collector was made on 21-1-61. On 23-1-61 the applicant applied for a copy of the award. THE copy was delivered to him on 13-4-61. On 1-5-61 he made an application to the Collector under sec. 18 (1) praying that a reference be made to the court. THE application was opposed on the ground that it was barred by limitation as it was not made within six weeks of the making of the award. THE Collector was however of the opinion that the applicant was entitled to exclude the period from 23-1-61 to 13-4-61 which was requisite for obtaining a certified copy of the award and held that the application was within time. He followed the decision of the Rangoon High Court in Burjorjee vs. Special Collector, Rangoon (AIR 1926 Rangoon to a 135 ). THE Collector accordingly forwarded the reference to the District Judge for disposal.

(3.) THE Rajasthan Land Acquisition Act 1953 is a local law prescribing a period of limitation different from the period prescribed under the First Schedule of the Limitation Act. THEre is no provision contained in the Rajasthan Act expressly excluding the application of sec. 4, sec. 9 to 18 and sec. 22 of the Limitation Act. THErefore the provisions of these sections of the Limitation Act are applicable to proceedings under the Land Acquisition Act. THE only applications referred to in sec. 12 (2) of the Limitation Act however are those for leave to appeal and for review of a judgment.