- (1.) THE petitioner is the owner of a moiety of Touzi no. 745 of the Howrah Collectorate By two notices dated the 22nd July, 1955 issued under section 5 (3) of the West Bengal Land (Requisition and Acquisition) Act 1948 the petitioner was asked to state the nature of his interest in c. s. plot nos. 103, 588 and 583 (in part) in mouza Banupur in the district of Howrah and in c. s. plots nos. 1836 (in part) and 2361 in Mouza Mashila. The petitioner was asked to state the amount and particulars of his claim to compensation. It appears that the plots under acquisition constitute a section of the river Saraswati. Thereupon, the petitioner submitted petitions stating the nature of their claim and the amount of compensation payable for acquisition of interests of the petitioner and certain deities. By the award dated the 18th May, 1956 the Land Acquisition Collector determined the valuation of the khas lands under acquisition and passed a joint award. It is stated that thereafter notices under section 12 (2) of the Land Acquisition Act were served on the petitioner, on the 22nd May, 1956. It appears to have been served upon an employee. The petitioner states that no such service was made, or in any event they were unaware of the service of any such notice and they have applied for a certified copy of the award on the 8th June, 1956 which copy was served by the Record Keeper on the 2nd July, 1956 and an application was filed on the 6th July, 1956 under section 8 (1) of the West Bengal Land (Requisition and Acquisition) Act, 1948, asking the Collector to refer the matter to the decision of the court. The Collector has held by his order dated the 21st July, 1956 that the application was barred by limitation. A copy of the order is annexture 'f' to the petition at page 35. It is stated by the learned Collector that the notice under section 12 (2) of the Land Acquisition Act was served oh the 22nd May, 1956 and therefore it was barred under the provisions of section 18 (2) (b) of the Land Acquisition Act. It is against this order that this application is directed.
(2.) SECTION 8 of the West Bengal Land (Requisition and Acquisition) Act, 1948 lays down that in every case where a person interested, being aggrieved by an award made by him under the Act as stated therein, makes an application requiring the matter to be referred to Court or where there is any disagreement with regard to the compensation payable between the Collector and any person interested, then he shall refer the matter to the decision of the court. Then comes sub-section (2) which is set out below. "the provisions of sub-section (2) of section 18 and of sections 19 and 22 and of sections 25 to 28 of the Land Acquisition Act, 1894 and the principles set out in subsection (2) and in clause (a) of sub-section (2) of section 7 of this Act, shall, so far as they may be applicable, apply in respect of any reference made to the Court under sub-section (1 ). "
(3.) IT will be observed that section 8 by itself does not lay down any bar of limitation. The bar of limitation will only be attracted if we have to read into it the provisions of section 18 (2) (a) or (b) of the Land Acquisition Act. It is not disputed before me that section 18 (2) (a) did not apply to the facts of this case. The question is whether section 18 (2) (b) applies. The first argument made before me is that no part of the provisions of section 18 of the Land Acquisition Act applies, because what are attracted are the provisions of sub-section (2) of section 18 in so far as they may be applicable in respect of "any reference made to Court". In other words, it is argued that the operation of Section 18 only starts, after a reference has been made to court, and not before it. If this is correct, then the bar of limitation will not be attracted in the case of an application to the Collector to refer, which in point of fact must necessarily precede an order of reference. In my opinion this argument is not of substance. Sub-section (2) of section 18 deals with nothing but the bar of limitation for the making of an application under sub-section (1) of section 18 Since that is made applicable under sub-section (2) of section 8 of the West Bengal Land (Requisition and Acquisition) Act, it follows that the words "any reference made to Court" have been used loosely or in other words the bar of limitation does not apply only at a stage after the order of reference has been made, but also to the steps leading to it. I hold therefore that the provisions of section 18 (2) (b) are applicable in the present case. Coming now to the provisions of section 18 (2) (b), I must set out the provision in order to understand the exact point that has arisen in this case. " (2) The application shall state the grounds on which objection to the award is taken; provided that every such application shall be made; (a ). . . . . . . . . . . . . . . . (b) In other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire. ";