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Issues: Whether an application to the Collector for reference under Section 18 of the Land Acquisition Act was barred by limitation when the claimants were not present at the making of the award and did not receive immediate notice of the award under Section 12(2).
Analysis: The proviso to Section 18 prescribes two alternative limitation periods for persons not present or represented at the award: six weeks from receipt of notice under Section 12(2), or six months from the date of the Collector's award, whichever expires first. The filing of the award in the Collector's office under Section 12 makes the award final and conclusive subject to the statutory exception in Section 18. The absence or delay of notice under Section 12(2) does not postpone the operation of the six-month period, because the statute expressly makes the earlier of the two periods govern. The claimant is expected to be vigilant after filing a claim and cannot treat lack of notice as eliminating the statutory bar.
Conclusion: The application for reference was barred by limitation, and the refusal to make a reference was upheld.
Ratio Decidendi: Under the proviso to Section 18 of the Land Acquisition Act, limitation for a non-present claimant runs from the first to expire of the two statutory periods, namely receipt of notice under Section 12(2) or six months from the award, and failure to receive notice does not displace the six-month bar.
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