- (1.) Leave granted.
(2.) A short but an important question of law arises for decision in these appeals. By a notification under Sec. 4(1) of the Land Acquisition Act, 1894 [1 of 1894] [for short, the "Act"] published in the State Gazette on February 20, 1984, Government acquired the land for public purpose. The Land Acquisition Officer [for short, the "L.A.O."] made his award under Sec. 11 of February 28, 1989. The respondents were present at the time when the award was announced. On June 10, 1989 they applied for reference under Sec. 18. After giving an opportunity of hearing, by order dated January 9, 1980, the L.A.O. rejected the application for reference on the ground that it was barred by limitation, i.e., beyond six weeks from the date of the award. In writ petitions the High Court of Gujarat in the impugned order dated March 13, 1992 in Special Civil Application No. 2296 of 1990 and batch held that Sec. 5 of the Limitation Act applies to the proceedings before the Collector and that, therefore, reasons given to condone the delay for filing the application were valid. The reasons were that they had applied for certified copy of the award and after its supply and in consultation with the Counsel, the reference application came to be filed. Accordingly, High Court condoned the delay and directed the L.A.O. to make the reference. These appeals thus are filed against the said order.
(3.) Section 18(1) envisages that any interested person who has not accepted the award may, by application in writing to the Collector, require him to refer the dispute raised in the application for the determination of the Court. Under sub-sec. (2), the grounds on which objection to the award is taken have to be stated in the application. However, under the proviso to sub-sec. (2) 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 under Sec. 12, sub-sec. (2), or within six months from the date of the Collector's award, whichever period shall first expire. It would thus be clear that if the interested person was present at the time the Collector made the award, he should make the application within six weeks from the date of the award of the Collector. In other cases, it should be made within six weeks after the receipt of the notice from the Collector/L.A.O. under Sec. 12(2) or within six months from the date of the Collector's award, whichever period shall first expire. Admittedly, the application for reference is beyond six weeks under clause (a) of proviso to sub-section (2) of Sec. 18.;