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Report No. 3

144. Article 1 -

Other suits.- Article 1 provides a period of 30 days for contesting an award of the Board of Revenue under the Waste Lands (Claims) Act, 1863 (XXIII of 1863) and time begins to run when notice of the award is delivered to the plaintiff. The suit contemplated by this Article is not based either on contract or tort. Under the Waste Lands (Claims) Act a special procedure is prescribed for disposal of claims and objections by persons in cases where government disposes of waste land. The claim or objection has to be filed under the Act before the Collector and the party aggrieved is entitled to take the matter to the Board of Revenue against his determination. If the decision of the Board is adverse to the party, he has to file a suit to establish his claim or right in a Court specially constituted under the Act. Article 1 applies to such suits.

This Act has been repealed, so far as Bombay is concerned, by Bombay Act IX of 1943, Waste Lands Claims (Bombay) Repeal Act, 1943. It is not known whether the other States are following the procedure under this Act when disposing of waste lands. The only reported case under this Article was decided in 1866 (Taranath Dutt v. Collector of Sylhet, (1866) 5 WR 1.) It seems unnecessary, therefore, to retain this Article in the Limitation Act as the Waste Lands (Claims) Act itself does not apply in many States. It is open to a State to enact a law continuing it, as under item 34 of the State list, the subject matter is within the exclusive legislative power of the States and a State may prescribe a period of limitation in the Waste Lands (Claims) Act itself. We therefore recommend that the Article be deleted.

Limitation Act, 1908 Back

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