Judgment

A. P. SEN J.:- This appeal by certificate is directed against a judgment of the Bombay High Court, and it involves an important question namely, whether a court in dealing with a reference under S. 14, sub-s. (1) of the Hyderabad Land Acquisition Act, 1309 Fasli, corresponding to S. 18, sub-s. (1) of the Land Acquisition Act, 1894, can go behind the reference made by the Collector if the application on which the reference has been made is beyond the period of limitation prescribed therein.

2. The material facts giving rise to this appeal are as follow: The case arises from that part of the erstwhile princely State of Hyderabad, known as Marathwada, which merged in the State of Bombay under the States Reorganisation Act, 1956. The land belonging to the appellant admeasuring 2057 sq. yards in the city of Aurangabad, has been acquired by the State Government under S. 5 of the Hyderabad Land Acquisition Act for the construction of a building for the medical college at Aurangabad. The Government published a notification under S. 3 (1) on the 28th of February, 1958. On the 13th of January, 1962 the Land Acquisition Officer, Aurangabad made an award directing payment of Rs. 1,318,1