The limitation period for seeking reference under Section 18(2) of the Land Acquisition Act starts from the date of knowledge of the essential contents of the award, and the provisions of the Limitation Act do not apply.

JUDGMENT :

Sharad Kumar Sharma, J.

This bunch of First Appeals under Section 54 of the Land Acquisition Act, had been preferred by the respective appellants as against the impugned judgment allowing of an Application under Order 7 Rule 11 of CPC, as preferred by the respondents, consequent to which the references as made under Section 18 of the Land Acquisition Act by the Collector at the behest of the appellant has been rejected. In all these First Appeals, it’s almost a similar question, which is involved consideration; hence, they are being decided together for the purpose of brevity.

2. As far as First Appeal No. 35 of 2018 is concerned, though it too engages similar question but since there is pending substitution application being IA No. 15698/2018, seeking substitution of the heirs of the deceased appellant, who is said to have met with the sad demise on 14.08.2018. Since the said Application has been preferred well within time and remained unopposed, the same would stand allowed, the learned counsel for the appellant of this Appeal is permitted to carry out the necessary amendment and bring on record the heirs, as described in para 4 of the said Substitution Application.

3. A very interesting and marginally controversial issue, which has emerged for consideration before this Court in the instant bunch of First Appeals as against the respective orders of allowing of the Applications under Order 7 Rule 11 of CPC, is as to what would be the parameters prescribed under sub Section (2) of Section 18, of the Land Acquisition Act, for the purposes of seeking a reference of a dispute under Section 18 in the light of the restrictions imposed by sub Section (2) of Section 18 of the Land Acquisition Act. Section 18 of the Land Acquisition Act is extracted hereunder:-

18 Reference to Court.-

(1) 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 persons to whom it is payable, or the apportionment of the compensation among the persons interested.

(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.”

4. This Court would be more concerned with regard to Section 18(2) of the Land Acquisition Act, as to what would be the period prescribed for seeking a reference under the proviso as contained to Section 18(2) of the Act. Sub Section (2) of Section 18 of the Land Acquisition Act and the proviso as contained therein, has to be splitted in two parts for its interpretation as they both pertained to deal with different expression of law altogether. The first proviso (a) to sub Section (2) of Section 18 provides of seeking of a reference within six weeks from the date of the award in relation to those claimants or the land losers, who were present or represented before the Collector.

5. The instant issue in these appeals will not be falling within the proviso (a) to sub Section (2) of Section 18 of the Act, but rather the appellants have sought to bring their case within the ambit of proviso (b) to sub Section (2) of Section 18 of the Land Acquisition Act.

6. He contends, that the period of limitation for the purposes of seeking reference at their behest would start running from the date when he was in receipt of the notice from the Collector, about rendering of the award as contemplated under Section 12(2) of the Act and its only upon the receipt of the notice fro