AIR 1960 BOMBAY 499 ::62 Bom LR 629 ::ILR (1961) Bom 140

Bombay High Court

Hon'ble Judge(s): Raju , J

(A) Land Acquisition Act (1 of 1894) , S.18(3)— Refusal to make reference u/S.18 - Revision lies to High Court and not to Tribunal constituted under Nagpur Improvement Trust Act - Collector cannot be added as party to revision. A revision against an order rejecting an application to make a reference under S. 18 lies to the High Court under S. 18 (3), Land Acquisition Act and not to the Tribunal constituted under the Nagpur Improvement Trust Act, 1936. The Tribunal so constituted hears references made under S. 18 of the Act and is not competent to hear revision application made under S. 18 (3) of the Act which lies to the High Court. When the High Court is hearing a revision application against an order passed by the Collector who is a subordinate Court, the latter is never made a party to the revision application.(Para 3) (B) Land Acquisition Act (1 of 1894) , S.18(2) Proviso(b), S.12(2), S.45(3)— Application for reference - Limitation - Starting point - Receipt of notice - Service of notice of award by affixure on outer door of applicant's house u/S.45(3) - Conditions to be fulfilled - Report merely stating that applicant was not found at home - No reference to adult male member - Not sufficient service within S.45 (3) - Limitation does not start from date of such service. ....