1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR. CIVIL REVISION APPLICATION NO.29 of 2009 Smt.Leelabai w/o Late Shankarrao Ambhore and ors. .vs.. The Executive Engineer, The Airport Development Co.Ltd. and ors. Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order Mr.P.A.Abhyankar Adv. for the applicants. Mr.G.R.Agrawal Adv. for respondent 1. Mr.Mujumdar AGP for Resp.2 and 3. CORAM: Smt. R. P. SondurBaldota, J. DATED : 26th February, 2010. 1. This civil revision application is preferred against the order of rejection of reference application filed by the applicants under Section 18 of the Land Acquisition Act. 2. The peculiar facts of the case are as follows- The applicants are heirs and legal representatives of one Shankarrao, who expired on 22nd September, 1997. The land bearing survey no.149-150/1 and 149-150/4 of mouza Shivangaon, admeasuring 0.78 hectare belonging 2 to Shankarrao was acquired by respondent no.3 for respondent no.1 for development of International Air Cargo Passenger Terminus and Multi-model Hub. The acquisition proceedings had commenced in the year 2002 i.e. much after the death of Shankarrao. However, the notices under the acquisition proceedings were addressed by respondent no.3 to Shankarrao, as the fact of death of Shankarrao had not been brought on record anywhere by the applicants. On 18/2/2008, notice under Section 12(2) of the Land Acquisition Act was sought to be served on Shankarrao at village Hingna, as that was the only address available to the authorities. This notice was received by the wife of applicant no.2 on 3/3/2008. It appears that the wife of applicant no.2, who has no personal claim to the property in question after the death of Shankarrao, did not bring it immediately to the notice of any of the applicants. Applicant no.2 claims to have come to know about it on 5th of April, 2008. Two days thereafter, on 7th of April, 2008, he filed an application for certified copy of the award, which he received on 28th of April, 2008. Then the 3 applicant filed reference under Section 18 of the Land Acquisition Act on 20th of May, 2008. By the communication dated 18th of December, 2008, respondent no.3 rejected the reference on the ground that the same was barred by limitation as provided under Section 18(2) of the Land Acquisition Act, 1894. 3. Mr.Abhyankar, the learned counsel for the applicants, firstly submits that service of notice under Section 12(2) of the Land Acquisition Act should not be taken into consideration as the service was upon a dead person. The learned AGP points out, however, that it was incumbent upon the applicants to bring the fact of death of Shankarrao on record by filing an application for mutation of the revenue record. Since this was not done, no fault could be found with the authorities for issuing the notice in the name of Shankarrao. Irrespective of this fact service of the said notice cannot be said to be proper service in view of Section 45 of the Land Acquisition Act. Section 45 of the Land Acquisition Act requires that wherever it may be practicable, service of the notice shall be made on the person therein named. 4 When such person cannot be found, the service may be made on any adult male member of his family residing with him. In case no such adult male member can be found then the notice may be served by affixing a the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to be acquired. Since the notice was accepted by female member of the family, the service of notice on Shankarrao, even if he were to be alive would not have proper notice. In that circumstance, Mr.Abhyankar relies upon Section 18 (2)(b), to submit that the reference having been filed within six months from the date of Collector's award must be treated as filed within time. 4. Section 18(2)(b) prescribes two periods of limitation for the reference. The first is within six weeks from the receipt of notice of the Collector under Section 12(2) and the second is within six months from the date of Collectors award, 5 whichever shall first expire. Since, the notice from the Collector under Section 12(2) of the Act is required to be ignored, the second period of limitation of six months from the date of Collector's Award is applicable to the present case. Hence, the civil revision application is allowed. The order dated 18th of December, 2008 is set aside. The Collector is directed to forward the reference to the concerned court for consideration on merit. JUDGE. chute