STATE OF KARNATAKA versus LAXUMAN

Citation: [2005] SUPP. 4 S.C.R. 535 · Decided: 25-10-2005 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

STATE OF KARNATAKA 
A 
v. 
LAXUMAN 
OCTOBER 25, 2005 
[R.C. LAHOTI, CJ., G.P. MATHUR AND P.K. BALASUBRAMANYAN, JJ.] 
B 
Land Acquisition: 
Land Acquisition Act, 1894: 
Section 18 (as amended and adopted in State of Karnataka)-Reference 
to Court-Application under S. 18(3)(b)-Limitation period-Applicability 
of S. 5 of the Limitation Act-Notice of award under S. 12(2) served on the 
claimant-Claimant filed application under S. 18(1) seeking reference within 
c 
90 days as laid down in S. 18(2)-Deputy Commissioner failed to make a D 
reference within 90 days as laid down in S. l 8(3)(a)-Claimant approached 
civil court under S. 18(3)(b) after JO years-Application for condonation of 
delay under S. 5 of the Limitation Act also filed-Civil Judge condoned delay 
and directed Deputy Commissioner to make a reference-High Court refused 
to interfere-Correctness of-Held: On expiry of a period of three years and 
90 days right of Deputy Commissioner to make a reference and that of E 
claimant to move the court gets extinguished-Section 5 of the Limitation Act 
cannot be invoked to an application under S. J8(3)(b)-High Court's 
judgment set aside-Limitation Act, 1963, S. 5. 
The notice of award under S. 12(2) of the Land Acquisition Act, 1894 
(as amended and adopted in the State of Karnataka) was served on the F 
respondent-claimant The respondent filed an application under Section 18(1) 
ofthe Act (as amended and adopted in the State of Karnataka) within 90 days 
as prescribed under Section 18(2) of the Act. But the Deputy Commissioner 
did not make a reference within 90 days as provided under Section 18(3)(a) 
·of the Act. The respondent approached the civil court under Section 18(3)(b) G 
of the Act after more than 10 years after receipt of the notice of the award. 
The respondent also filed an application for condonation of delay under Section 
5 of the Limitation Act, 1963. The civil judge condoned the delay and directed 
the Deputy commissioner to make a reference in terms of Section 18 of the 
535 
H 
536 
SUPREME COURT REPORTS [2005] SUPP. 4 S.C.R. 
A Act In revision, the High Court refused to interfere on the ground that Section 
5 of the Limitation Act had application and there was no reason to interfere 
with the condoning of the delay by the civil judge. Hence the appeal. The 
following questions arose before the Court:-
(1) Whether on expiry of the period of three years and 90 days the right 
B of the Deputy Commissioner to make a reference and that of the claimant to 
move the court get extinguished? 
(2) Whether Section 5 of the Limitation Act, 1963 can be invoked to an 
application under Section 18(3)(b) of the Land Acquisition Act, 1894 (as 
C amended and adopted in the State of Karnataka)? 
Allowing the appeal, the Court 
HELD: 1. The State Legislature by an amendment brought to Section 
18 of the Land Acquisition Act, 1894 substituted the proviso to Section 18(2) 
D by replacing the period of six weeks by a period of 90 days and making the 
starting point, the date of service of notice from the Deputy Commissioner 
under Section 12(2) of the Act. Section 18(3) was added directing that the 
Deputy Commissioner should make the reference to the court within a period 
of90 days from the date of receipt of the application under Section 18(1) of 
the Act. If he failed to do so within the period of 90 days, the party was given 
E a right under Section 18(3)(b) of the Act to apply to the court to direct the 
Deputy Commissioner to make the reference and the court was conferred the 
power to direct the Deputy Commissioner to make the reference within such 
period as may be fixed by the court. 1543-D-F] 
2. No time for applying to the court in terms of Section 18(3) of the Act 
F is fixed by the statute. But since the application is to the court, though under 
a special enactment, Article 137, the residuary article of the Limitation Act, 
1963 would be attracted and the application has to be made within three years 
of the application for making a reference or the expiry of 90 days after the 
application. 1544-D-EI 
G 
H 
The Addi. Sp/. land Acquisition Officer v. Thakoredas, Major, AIR 
(1994) SC 2227, Kera/a State Electricity Boardv. T.P. Kunhaliumma, 11976] 
4 SCC 634 and Officer on Special Duty (land Acquisition) v. Shah Manila/ 
Chandulal, (1969] 9 SCC 414, relied on. 
Special land Acquisition Officer v. G.C. Paramraj, ILR 1991(2) 
ST A TE OF KARNA T AKA v. LAXUMAN 
537 
Karnataka 1109, approved. 
A 
3. On a plai
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