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19. May be the account was maintained as "NOT TO BE PAID" and the payment has been released subsequently, but the knowledge of award can clearly be attributable to the land owners. The reference has been made on 10.12.2013, which is much much beyond the period of limitation".

The provisions of Section 18 of the Act are clear, concise and incapable of any mis-construction, which entitles a landowner, who has not accepted the award, to move the Collector to make a reference to the Civil Court for determination of the dispute, be that to the measurement of the land, the amount of compensation, the person to whom it is payable or the apportionment thereof. Further, proviso to the said provision postulates that application under Section 18 is required to be moved within 6 weeks from the date of the Collector's award if the applicant was either present or represented before the Collector when the award was pronounced or within 6 weeks of the receipt of notice from the Collector under Section 12(2) or 2 of 5 within 6 months from the date of the Collector's award, whichever period shall first expire. This was never the case of the administration either before the reference Court or in these proceedings that the claimant was present or represented at the time of pronouncement of the award, dated 02.06.2003. It is not the case of the administration either that claimant/landowner was indeed served with a notice under Section 12(2). In the given situation, the claimant/landowner could file his claim under Section 18 within 6 months from the date of the Collector's award. However, the period of 6 months shall commence from the date of actual or constructive knowledge of the award rendered by the Collector. Ex facie, the reference Court attributed knowledge to the claimant on the basis of the averments set out in para No.9 of his application under Section 18, which reads thus:-