Order of reference.- This appeal arises out of proceedings under the Land Acquisition Act, in the course of which 10 cents of land in T.S. No. 53 B-1 in Virudhunagar belonging to the appellant were acquired by the Government for building purposes. In his award, dated 30th September, 1947, the ‘Collector’ awarded compensation at Rs. 25 for each cent of land. Notice of that award was served on the appellant on 10th October, 1947. The appellant applied under section 18 of the Act by his letter, dated 8th December, 1947, it however reached the Collector only on 10th December, 1947, for a reference to the Court, disputing the quantum of compensation. The Collector thereupon made his reference to the Sub-Court, Ramanathapuram, under section 19 of the Act.

The learned Subordinate Judge held that the market value of the land acquired on the relevant date was Rs. 100 per cent of land. But he held that, as the application under section 18 of the Act was filed by the appellant beyond the period of six weeks prescribed by the proviso to section 18, the reference itself was incompetent.

The correctness of the finding that the market value was not Rs. 25 as fixed by the Collector but Rs. 100 per c

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