1. The time for filing an application under Section 18 of the Land Acquisition Act runs from the date when the party had knowledge either actually or constructively of the award. 2. A person who has filed an application before the Land Acquisition Officer stating that the lands are being acquired and that compensation is payable to them is a party to the land acquisition proceeding.

ORDER :- The petitioners claim to have purchased the lands under acquisition on 28-4-55. Notice under Section 9 of the Land Acquisition Act (hereinafter to be referred to as the Act) was served in January 1963. On 30-4-63 the petitioners filed an application before the Land Acquisition Officer stating that then lands were being acquired and that the compensation was payable to them. No action was taken on this application. On 11-6-66 the award was passed in favour of the Collector as the lands were recorded as Anabadi. No notice was served on the petitioners under Section 12 (2) of the Act giving them intimation of the award. On 16-10-66 the petitioners filed a second application by way of reminder to the earlier application, dated 30-4-63. Apparently the petitioners had no knowledge of the award by then. On 16-1-67 the Land Acquisition Officer passed an order rejecting the petitioner's application dated 30-4-63 on the ground that no objection was preferred within time in pursuance of the notice under Section 9 of the Act.

It is to be noted that the notice under Section 9 was served in the village on 17-1-63 and objections were to be filed by 31-3-63. On 25-1-67 the petitioners filed an application to get certified copies of the order dated 16-1-67 and of the award. They got the certified copies on 25-4-67. Coming to know that the award has been passed in favour of the Collector, they filed an application under Section 18 of the Act praying for a reference being made to the District Judge. This application was accompanied by an application under Section 5 of the Limitation Act for condonation of delay. The Land Acquisition Officer rejected this petition on 22-5-67. He held that the application for making a reference under Section 18 of the Act was barred by limitation. Against this order, the Civil Revision has been filed.

2. Mr. Ray for the petitioners contends that though by misconception of law an application under Section 5 of the Limitation Act had been filed for condonation of delay, the application for making a reference under Section 18 was not barred by limitation. The contention is well founded. Under Section 18 (1) of the Act, any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the apportionment of the compensation among the persons interested. Sub-sections (2) and (3) of Section 18 run thus :-

"(2) The application shall state the grounds on which objection to the award is taken.

Provided that 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 Section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.

(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court subordinate to the High Court within the meaning of Section 115 of the Code of Civil Procedure, 1908".

3. So far as the question of limitation is concerned, sub-section (2)(b) would govern the matter. Sub-section (a) has no application as the petitioners were not present or represented before the Collector at the time when he made his award. Admittedly, no notice of the award was given to the petitioners under Section 12 (2) of the Act. The last clause lays down that the application shall be made within 6 months from the date of the Collector's award. It is now authoritatively pronounced in AIR 1963 SC 1604, State of Punjab v. Qaisar Jehan Begum, that

the time will run from the date when the party had knowledg