Case: Kajori Lal Agarwal Vs. Union Of India And Others

object of the Legislature in making the relevant provisions of the Central Act applicable to references was to take in all the relevant provisions of the Central Act which had reference to the making of reference; and naturally, these provisions would begin with S. 18 of the Central Act which is the first Section in Part III of the Central Act dealing with reference to Court and procedure thereon. It would, we think, be unreasonable to hold that until a reference is made, the said provisions do not apply and it is only after the reference is made that the said provisions begin to operate.12. It is true that S. 8 (1) of the Act uses the mandatory words "the Collector shall refer the matter to the decision of the Court"; but that does not mean that it necessarily excludes the application of the provision as to limitation. Section 18 (1) of the Central Act, though somewhat differently worded, has in law the same effect. It provides that 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. This provision also, in substance, is mandatory. If an applications is made by a person entitled to make such application, the Collector has no option in the matter; he has to refer it to the Court; but even this provision is subject to the limitation prescribed by sub-s. (2). The position with regard to the mandatory provision contained in S. 8 (1) of the Act is exactly similar. Therefore, the fact that S. 8 (1) uses the word, "shall" and imposes an obligation on the Collector to refer the matter to the decision of the Court, does not preclude the application of a provision for limitation prescribed in regard to the making of an application for reference.13. On principle, it seems extremely unlike that the Act which deals with acquisition and requisition of properties, could have intended to leave it to the sweet-will of the parties to make an application for reference at any time they like. The High Court no doubt realised the anomalies which would result in adopting such a construction; and so, while it upheld the appellants contention that there was no limitation prescribed for the making of an application for reference under S. 8 of the Act, it added the corollary that even though no limitation is prescribed, the application must nevertheless be made within a reasonable time. In our opinion, it is unnecessary to invoke such a general consideration, because S. 8 (2) of the Act, in terms, makes S. 18 (2) of the Central Act applicable, and there is no occasion to consider whether a particular application has been made within a reasonable time or not.14. It is somewhat remarkable that if the view accepted by the Calcutta High Court about the construction of S. 8 (2) of the Act is correct, even the amendment subsequently made by the Bengal Legislature would be ineffective. It appears that presumably as a result of the decision of the Calcutta High Court, S. 8 (2) of the Act has been amended by Act VIII of 1954. The amended provision reads thus :-"8. (2) The provisions of sub-s. (2) of S. 18 and of Ss. 19 and 22 and of Ss. 25 to 28 of the Land Acquisition Act, 1894, and the principles set out in Sub-s. (1) and in Cl. (a) of sub-s. (2) of S. 7 of this Act, shall, so far as they may be applicable, apply in respect of any reference made to the Court under sub-s. (1)".It would be noticed that this amended provision has taken the precaution of expressly referring to S. 18 (2) of the Central Act along with other Sections as Sections which are applicable to the proceedings under the provisions of the Act. Even so, the clause that these provisions will apply "in respect of any reference made to the Court under sub-s. (1)"still occurs in the amended provision; and if it is held that the words "any reference made to the Court" speak about the proceedings that follow the making of the reference, then the same difficulty may arise as to the application of S. 18 (2) of the Central Act to an application made for reference under S. 8 (1) of the Act. This amended provision lends support to the view that the clause "in respect of any reference made to the Court" does not mean that the provisions have to apply after such a reference is made, but that it includes all cases where reference is intended, or proposed, or asked to be made; and that means that if a party wants to make an application for reference, he is not doubt entitled to require the Collector to make such a reference, but his application in that behalf must be made within the limitation prescribed by S. 18(2) of the Central Act. In our opinion, in regard to the application of S. 18 (2) of the Central Act in respect of applications made for reference under S. 8 (1) of the Act, no amendment was really necessary; but, of course, the Legislature thought it necessary to make the amendment in view of the decision of the Calcutta High Court on the application made by the appellant on the earlier occasion to that High Court.15. Since we hold that the application originally made by the appellant to respondent No. 3 under S. 8 (1) of the Act on the 2nd February 1953 for reference, was barred by time, it is not necessary to consider the appellants plea whether it was made within a reasonable time. Section 8 (2) of the Act read with S. 18 (2) of the Central Act specifically prescribes limitation for the making of such applications: and there is no doubt that having regard to the said provisions, the appellants application is barred by time.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]11. In our opinion, the High Court was in error in reading the clause "in respect of any reference made to the Court" in S. 8 (2) of the Act as referring to cases where reference has already been made. In the context, what the clause means is that the provisions of the Central Act shall mutatis mutandis apply in respect of any reference intended, proposed, or asked, to be made, and not in respect of any reference already made. Having regard to the scheme of S. 8, considered in the light of the other provisions of the Act, it seems to us clear that the object of the Legislature in making the relevant provisions of the Central Act applicable to references was to take in all the relevant provisions of the Central Act which had reference to the making of reference; and naturally, these provisions would begin with S. 18 of the Central Act which is the first Section in Part III of the Central Act dealing with reference to Court and procedure thereon. It would, we think, be unreasonable to hold that until a reference is made, the said provisions do not apply and it is only after the reference is made that the said provisions begin toprovision also, in substance, is mandatory. If an applications is made by a person entitled to make such application, the Collector has no option in the matter; he has to refer it to the Court; but even this provision is subject to the limitation prescribed by sub-s. (2). The position with regard to the mandatory provision contained in S. 8 (1) of the Act is exactly similar. Therefore, the fact that S. 8 (1) uses the word, "shall" and imposes an obligation on the Collector to refer the matter to the decision of the Court, does not preclude the application of a provision for limitation prescribed in regard to the making of an application for reference.13. On principle, it seems extremely unlike that the Act which deals with acquisition and requisition of properties, could have intended to leave it to the sweet-will of the parties to make an application for reference at any time they like. The High Court no doubt realised the anomalies which would result in adopting such a construction; and so, while it upheld the appellants contention that there was no limitation prescribed for the making of an application for reference under S. 8 of the Act, it added the corollary that even though no limitation is prescribed, the application must nevertheless be made within a reasonable time. In our opinion, it is unnecessary to invoke such a general consideration, because S. 8 (2) of the Act, in terms, makes S. 18 (2) of the Central Act applicable, and there is no occasion to consider whether a particular application has been made within a reasonable time orwould be noticed that this amended provision has taken the precaution of expressly referring to S. 18 (2) of the Central Act along with other Sections as Sections which are applicable to the proceedings under the provisions of the Act. Even so, the clause that these provisions will apply "in respect of any reference made to the Court under sub-s. (1)"still occurs in the amended provision; and if it is held that the words "any reference made to the Court" speak about the proceedings that follow the making of the reference, then the same difficulty may arise as to the application of S. 18 (2) of the Central Act to an application made for reference under S. 8 (1) of the Act. This amended provision lends support to the view that the clause "in respect of any reference made to the Court" does not mean that the provisions have to apply after such a reference is made, but that it includes all cases where reference is intended, or proposed, or asked to be made; and that means that if a party wants to make an application for reference, he is not doubt entitled to require the Collector to make such a reference, but his application in that behalf must be made within the limitation prescribed by S. 18(2) of the Central Act. In our opinion, in regard to the application of S. 18 (2) of the Central Act in respect of applications made for reference under S. 8 (1) of the Act, no amendment was really necessary; but, of course, the Legislature thought it necessary to make the amendment in view of the decision of the Calcutta High Court on the application made by the appellant on the earlier occasion to that High Court.15. Since we hold that the application originally made by the appellant to respondent No. 3 under S. 8 (1) of the Act on the 2nd February 1953 for reference, was barred by time, it is not necessary to consider the appellants plea whether it was made within a reasonable time. Section 8 (2) of the Act read with S. 18 (2) of the Central Act specifically prescribes limitation for the making of such applications: and there is no doubt that having regard to the said provisions, the appellants application is barred by time.