# M. HIDAYATULLAH v. RAMASWAMI AND

- **Citation:** [1966] 3 S.C.R. 141
- **Court:** Supreme Court of India
- **Decided:** 1965-12-17
- **Bench:** P. B. Gajendragadkar, K. N. Wanchoo, M. Hidayatullah, V. Ramaswami, P. Satyanarayana Raju
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/m-hidayatullah-v-ramaswami-and-3680
- **Pages:** 8

## Headnote

West Bengal Land (Requisition and Acquisition) Act (2 of
1948),
s. 8(2)-Applicatlon for reference 'to Co"rt-Period of limitation whether prescribed .
The appellant's lands were acquired under the provisions of the West
Bengal Land (Requisition and Acquisition) Act, 1948. The Land Acquisition Officer made an award on 5th February 1951. The appellant
accepted the compensation amount on 21st March
1951, under protest,
and on 2nd February 1953, filed an application under s. 8 of the Act
that a reference should be made to the Court regarding his claim for a
larger amount of compensation. The Land Acquisition Officer rejected
the application on the &:ound that it was
barred by time. The High
Court, in its revisional jurisdiction, remanded the case to the Land Acquisition Officer for disposal according to law, with tho observation
that,
though no limitation had been prescribed for making an application for
reference, such an application should
nevertheless be
made within a
reasonable time and that whether the appellant moved within a reasonable time or not should be determined. The Land Acquisition Officer
held that the appellant did not move within a reasonable time and rejected the application, and the High Court
rdused to interfere with the
order.
In ap%al to this Court.
lIELD: Section 8(2) of the West Bengal Act, read with •· 18(2) of
the Land Acquisition Act, 1894, specifically prescribes
the
period
of
limitation for making such applications, and having regard to these provisions, the appellant's application dated 2nd February 1953 WU t>aTm!
by time. It was therefore not necessary to consider the appellant's plea
that the application was made within a reasonable time. [148 B-C]
The fact that s. 8(1) of the West Bengal Act imposes an obligation
on the Collector to refer the mattelf to the decision of tht Court does
not preclude the application of a provision for limitation prescribed in
regard to the making of an application for reference.
Section 8(2) of
the West Bengal Act makes the provisions of the Central Act applicable
mutatis mutandis in respect of any reference made to the court under
sub-s. ( l). In the context, the1 clause "in respect of any reference made
to the Court" does not mean that the provisions of the Central Act have
to apply only after a reference is made, but 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 no doubt
entitled to require the Collector to make such a reference, but his appli·
cation in that behalf must be made within the period of limitation prescribed by s. 18(2) of the Central Act. Fu·rther, the amended s. 8(2) of
the West Bengal Act, which makes s. 18(2) of the, Central Act expressly
applicable, also uses the same clause "in respect of any reference made
to the Court an.cl that also lends support to this view. [144 G; 146 F;
147 G-Hl
142
SUPREME COURT
11!\POll.TS
[1966] 3 S.C.R.
Kajori I.ul Agarwal Y. Ille Union of lndin. 59 C.\V.~. 936., overruled.
A
C1v1L APPELLATE JURlsDrcnos : Civil Appeal No. 666 of
1963.
Appeal by special leave from the judgment and order, dateo
July 6, 1959 of the Calcutta High Court in Civil Ruic No. 3886
ci1956.
a
3.
Anoop Singh, for the appellant.
D. N. Mukherjee and R. N. Sachthey. for respondent No. I.
P. K. Chatterjee and/'. K. /Jose, for respondents Nos. 2 and

## Text

• •
•
•
+-,
'
A
B
c
D
E
F
G
H
KAJORI LAL AGARWAL
v .
.lJNION OF INDIA AND OTHERS
December 17, 1965
[P. B. GAJENDRAGADKAR, C.J., K. N. WANCHOO,
M. HIDAYATULLAH, V. RAMASWAMI AND
P. SATYANARAYANA RAJU, JJ.)
West Bengal Land (Requisition and Acquisition) Act (2 of
1948),
s. 8(2)-Applicatlon for reference 'to Co"rt-Period of limitation whether prescribed .
The appellant's lands were acquired under the provisions of the West
Bengal Land (Requisition and Acquisition) Act, 1948. The Land Acquisition Officer made an award on 5th February 1951. The appellant
accepted the compensation amount on 21st March
1951, under protest,
and on 2nd February 1953, filed an application under s. 8 of the Act
that a reference should be made to the Court regarding his claim for a
larger amount of compensation. The Land Acquisition Officer rejected
the application on the &:ound that it was
barred by time. The High
Court, in its revisional jurisdiction, remanded the case to the Land Acquisition Officer for disposal according to law, with tho observation
that,
though no limitation had been prescribed for making an application for
reference, such an application should
nevertheless be
made within a
reasonable time and that whether the appellant moved within a reasonable time or not should be determined. The Land Acquisition Officer
held that the appellant did not move within a reasonable time and rejected the application, and the High Court
rdused to interfere with the
order.
In ap%al to this Court.
lIELD: Section 8(2) of the West Bengal Act, read with •· 18(2) of
the Land Acquisition Act, 1894, specifically prescribes
the
period
of
limitation for making such applications, and having regard to these provisions, the appellant's application dated 2nd February 1953 WU t>aTm!
by time. It was therefore not necessary to consider the appellant's plea
that the application was made within a reasonable time. [148 B-C]
The fact that s. 8(1) of the West Bengal Act imposes an obligation
on the Collector to refer the mattelf to the decision of tht Court does
not preclude the application of a provision for limitation prescribed in
regard to the making of an application for reference.
Section 8(2) of
the West Bengal Act makes the provisions of the Central Act applicable
mutatis mutandis in respect of any reference made to the court under
sub-s. ( l). In the context, the1 clause "in respect of any reference made
to the Court" does not mean that the provisions of the Central Act have
to apply only after a reference is made, but 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 no doubt
entitled to require the Collector to make such a reference, but his appli·
cation in that behalf must be made within the period of limitation prescribed by s. 18(2) of the Central Act. Fu·rther, the amended s. 8(2) of
the West Bengal Act, which makes s. 18(2) of the, Central Act expressly
applicable, also uses the same clause "in respect of any reference made
to the Court an.cl that also lends support to this view. [144 G; 146 F;
147 G-Hl
142
SUPREME COURT
11!\POll.TS
[1966] 3 S.C.R.
Kajori I.ul Agarwal Y. Ille Union of lndin. 59 C.\V.~. 936., overruled.
A
C1v1L APPELLATE JURlsDrcnos : Civil Appeal No. 666 of
1963.
Appeal by special leave from the judgment and order, dateo
July 6, 1959 of the Calcutta High Court in Civil Ruic No. 3886
ci1956.
a
3.
Anoop Singh, for the appellant.
D. N. Mukherjee and R. N. Sachthey. for respondent No. I.
P. K. Chatterjee and/'. K. /Jose, for respondents Nos. 2 and
The Judgment of the Court was delivered by
Gajendragadkar, C.J. The appellant Kajori Lal Agarwal
was the owner-in-khas of 37.85 acres of land in Mouza Shibnath
Das J. L. No. 110 and Mouza Kholai Singh J. L. No. 112 in
Siliguri Town in the district of Darjeeling. The said lands were
acquired by the Union of India, and the State of West Bengal,
respondents I & 2 respectively, under the relevant provisions of
c
D
the West Bengal Land (Requisition and Acquisition) Act, 1948
(No. 2 of 1948) (hereinafter called 'the Act') for the Assam
Rail Link Project.
Respondent No. 3 is the Land Acquisition
Officer, Darjeeling.
Jn those proceedings, the appellant claimed
Ii:
compensation at a flat rate of Rs. 100 per cottah amounting to
Rs. 2,27,100. He also put in a claim for Rs. 8,000 on account
of the severance and other grounds. Respondent No. 3 made an
award under s. 7 of the Act on the 5th February, 1951 directing
the payment of Rs. 22,074 to the appellant in lieu of his lands at
the rate of Rs. 600 per acre.
After the award was pronounced,
a notice was served on the appellant under s. 12(2) of the Land
Acquisition Act, 1894 (No. 1 of 1894) (hereinafter called 'the
Central Act'). On the 21st March, 1951, the appellant accepted
the said amount as compensation money under protest.
Thereafter, the appellant filed an application before respondent Nti. 3 on the 2nd February, 1953 and claimed that a reference should be made by him to the Court for decision of his claim
F
G
for a larger amount of compensation under s. 8 of the Act. The
appellant alleged in his application that having regard to the
market value of the land at the relevant time. the amount awarded
to him by respondent No. 3 was grossly inadequate. Respondent
H
No. 3 rejected the appellant's application for reference on th~
ground that it was barred by time.
• •
•
..
•
,.
'
•
,
•
'
A
B
c
D
KAJORI LAL v. UNION (Gajendragadkar, C.J.)
143
The appellant challenged the validity of this order by moving
the Calcutta High Court in its revisional jurisdiction (Civil Revision Case No. 676 of 1954). On the 16th June, 1955, a Division
Bench of the Calcutta High Court allowed the appellant's revisional application and sent the case to respondent No. 3 with a
direction that the appellant's application for reference should be
dealt with in accordance with law.
In remitting the case to
respondent No. 3, the High Court observed that though, in its
opinion, no limitation had been prescribed for making an application for reference, such an application must nevertheless be made
within a reasonable time.
On that view, the High Court left it
to respondent No. 3 to consider whether the appellant had moved
for reference within a reasonable time (vide Kajori Lal Agarwal v.
The Union of India & Ors.)(').
After the appellant's .application was thus remanded to respon·
dent No. 3, he filed an affidavit on the 27th August, 1956 and
explained in detail the reasons for the delay made by him in
filing his application for reference. On the 10th September, 1956
r~pondent No. 3 rejected the appellant's , application on the
ground that he had neglected to move for reference within a
reasonable time.
This order was challenged by the appellant again by moving
E
the Calcutta High Court under Art. 227 of the Constitution read
with s. 115 of the Code of Civil Procedure (Civil Rule No. 3886
of 1956). On the 6th July, 1959, this case was heard by a Division Bench of the said High Court and the application made by
the appellant was dismissed on the ground that the High Court
saw no reason to interfere with the order passed by respondent
F
No. 3.
It is against this order that the appellant has come to
this Court by special leave.
On behalf of the appellant, Mr. Anoop Singh contends that the
High Court was in error in not reversing the decision of respondent No. 3; and in support of his argument, he has relied on the
G
fact that on the 12th January, 1953, the Calcutta High Court had
ruled in the case of Birendra Nath Rav Sarkar & Another v. Union
of India & Another( 2 ) (Civil Rule No. 2940 of 1951) that there
was no prescribed period of limitation for an application for
reference under s. 8 of the Act, and it was only after the appellant
knew about this decision that he was advised to make his present
H
application for reference. Mr. Anoop Singh argues that this fact
should have been taken into account by the Calcutta High Court
(I) 59 C.W.N. 936.
(2) 57 C.W.N. 283.
144
SUPREME COURT REPOl.TS
[1966] 3 S.C.R.
and on that ground, the decision of respondent No. 3 rejecting
A
the appellant's application should have been reversed.
Before we deal with this argument, however, it is necessary to
<:onsider the basic question as to whether the Calcutta High Court
is right in holding that no period of limitation is prescribed by
s. 8 of the Act for making an application for reference. If we
B
hold that s. 8 prescribes a period of limitation, then the question
.as to whether the appellant moved respondent No. 3 within a
reasonable time, will not fall to be considered; and so, we must
.first consider this que,tion.
Section 8 of the Act reads thus :-
"Reference to Court.
8. (I) The Collector shall in every case-
( a) where any person aggrieved by an award made
under sub-section ( 2) of section 7 makes an application
requiring the matter to be referred to the Court;
or
(b) where there is any disagreement with regard to
'he compensation payable under sub-section (3) of section 7 between the Collector and the person to whom
posse.s~ion of any land is delivered under section 6 refer
the matter to the decision of the Court.
( 2) The provisions of the Land Acquisition Act,
1894 (No. I of 1894), shall mutatis mutandis apply
in respect of any reference made to the Court under
sub-section (I ) ".
We have already noticed that when the appellant moved the
Calcutta High Court on an earlier occasion, the Calcutta High
Court had ruled that no limitation had been prescribed by s. 8,
though it had added that an application had nevertheless to be
made within a reasonable time.
Mr. Anoop Singh
naturally
supports this decision.
It is plain that s. 8 (2) makes the provisions of the Central
Act applicable mutatis mutandis in respect of any reference made
to the Court under sub-s. (I). The Calcutta High Court hM
held that the effect of the provisions prescribed by this sub-section
c
D
G
is to make the relevant provisions of the Central Act applicable
to proceedings subsequent to the making of the reference.
This II
view proceeds on the basis that when sub-s. (2) refers to any
reference made to tbe Court, it emphasises the fact that up to
•
·'
,
•
I
'
•
' .
'
KAJORI LAL v. UNION (Gajendragadkar, C.J.)
145
A the making of the reference the provisions of the Central Act have
no application. In other words, this provision does not permit
the application of the relevant provisions of the Central Act in
relation to all proceedings which take place prior to the making
of the reference.
When a reference has been made under s. 8 (1),
a stage is reached for the application of the provisions of the
B Central Act. This provision does not allow the application of the
relevant provisions of the Central Act at any stage prior to the
making of the reference.
One cannot extend backwards the said
provisions.
That is how the matter has been succinctly put by
the High Court in holding that the period of limitation prescribed
by s. 18 ( 2) of the Central Act cannot apply to an application for
C
reference made under s. 8 (1) of the Act.
D
E
F
Section 18 of the Central Act reads thus :-
"18. (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 :
(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, subsection (2), or within six months from the date of the
Collector's award, whichever period shall first expire" .
<; There is no doubt that if the provisions of s. 18 (2) can be said to
apply to an application made for reference under s. 8 of the Act,
the periods of limitation prescribed by sub-s.(2) of s.18 of the
Central Act would be attracted; and if they apply, the appellant's
application originally made to respondent No. 3 for refere1;ce is
barred by time.
''9 I
H
In our opinion, the High Court was in error in reading the
clause "in respect of any reference made to the Court" ins. 8(2)
of the Act as reforring to cases where reference has already been
SUPREME
COURT
REPORTS
(1966) 3 S.C.R.
made. In the context, what the clause means is that the provisions
of the Central Act shall mutaris 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 io Court and procedure thereon. It would, we -think, be
unreasonable to hold that until a reference in made, the said provisions do not apply and it is only after the reference is made that
the said provisions begin to operate.
It is true that s. 8 (I) 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 (I) 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
A
B
c
D
the matter be referred by the Collector for the determination of
the Court.
This provision also, in rubstance, is mandatory. If E
an application is made by a person entitled to make such application. the Collector h~1s no option in the matt.er; he has to refer
it to the Court; hut even this provision is subject to the limitation
prescribed by sub-section (2).
The position with regard to the
mandatory provision contained in s. 8 (I) of the Act is exactly
similar.
Therefore, the fact that s. 8 (I) 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.
On principle, it seems extremely unlikely that the Act which
deals with acquisition and requisition o[ 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 appellant's 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 appl caF
G
H
i
\
..
• ,
•
I
•
•
'
KAJORI LAL v. UNION ( Gajendragadkar, C.J.)
14 7
A tion 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.
B
c
D
E
F
G
H
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-section
(2) . of
section 18 and of sections 19 to 22 and of sections 25
to 28 of the Land Acquisition Act, 1894, and the principles set out in sub-section (I ) and in clause (a) of
sub-section ( 2) of section 7 of this Act, shall, so far as
they may be applicable, apply in respect of any reference made to the Court under sub-section (I)".
It would be noticed that this amended provision has taken the
precaution of expressly referring to section 18 (2) of the Central
Ac;t 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-section (I ) " 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 no doubt entitled to require
the Collector to make such a reference, but his application in that
behalf must be made within the limitation prescribed bys. 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
i
i •
' '
1 ·
I I
' '
I I
I ' I·
' . .- '.-:-~11-:.-::.-:· -~
,-,~_-: ...
- . SUPREME COURT REPORTS -~--[1966] 3 S.C.R.
,
'
··.,/' :
.
.
':
'
.-
'
·,necessary; but, of. course, . the Legislature thought it necessary to
A
'make the amendment in view of the decision of the Calcutta High
Conn on the applkation made by the appellant. on the earlier
-occasion to that High Court.
·
·
Since we hold that the application originally made by the
appellant' to respondent No. 3· under s. 8(1) of the Act on the
B
2nd February, 1953 for reference, was barred by time, it is not
necessary to consider. the appellant's 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 appellant's application
C
is barred by time.
· ·
·
-The result is, the appeal fails, and the-order· passed by the
'High Court is confirmed, though on different grounds. . There
-would be no o-rder as to costs.
Appeal dismissed. -n --
·--- -- --- - _,: - -·-
•
.,
f •
•
•
•
··~
-~
...
r