Document Fragment View

Matching Fragments

18. It is no doubt true that the term "debt" in certain connection includes and takes within its sweep a mere liability but in the ultimate analysis it depends upon the scheme and the provisions of the Act. The pertinent question, therefore, which we have to answer is whether there is any indication in the Land Acquisition Act, to suggest and satisfy that the liability under the said Act is to pay a certain sum or a minimum sum by way of liquidated damages. In other words, is there any liability in presenti to pay the compensation as claimed by the claimant whose land is sought to be acquired ? It would be profitable, therefore, to examine what is exactly the nature of the award made by the Land Acquisition Officer and what are the rights of the claimants when an award is made offering the compensation for the lands sought to be acquired. In Raja Harish Chandra Raj Singh v. Deputy Land Acquisition Officer, AIR 1961 SC 1500, a question arose about what is the period of limitation to make an application for reference under section 18, and whether the period of limitation would begin to run from the date of the award or from the date of its communication or its knowledge actual or constructive by the claimant party. Gajendragadkar J., speaking for the court, observed in paragraph 5 of the judgment of the court at page 1503, as under :