KANA NAVANNA NAVANNA NARAYANAPPA NAIDU Vs. REVENUE DIVISIONAL OFFICER SIVAKASI

JUDGEMENT

(1.) This appeal arises out of proceedings under the Land Acquisition Act, in the course of which 10 cents of land in T. S. 53/B-1 in Virudhunagar belonging to the appellant were acquired by the Government for building purposes. In his award dated 30-9-1947, the 'Collector' awarded compensation at Rs. 25/- for each cent of land. Notice of that award was served on the appellant on 10-10-19.47. The appellant applied under Section 18 of the Act by his letter dated 8-12-1947, it however reached the Collector only on 10-12-1947 --for a reference to the Court, disputing the quantum of compensation. The Col- lector thereupon made his reference to the Sub Court, Ramanadhapuram under Section 19 of the Act.

(2.) 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.

(3.) The correctness of the finding that the market-value was not Rs. 25 as fixed by the Collector, but Rs. 100/- per cent. as found by the learned Subordinate Judge, was not challenged before me. The only question to be decided in this appeal is whether the learned Subordinate Judge had jurisdiction to investigate or decide whether the application of the appellant under Section 18 of the Act was barred by limitation. That the application itself was beyond the six weeks prescribed by the proviso to Section 18 did not admit of any dispute.