Case Note & Summary
The applicants, Chandrashekhar Bhayaji Khawale and Gajanan Bhayaji Khawale, were owners of agricultural land in Khadka, Seloo, Wardha. Their land was acquired by the State of Maharashtra for a minor irrigation project under the Land Acquisition Act, 1894. The Special Land Acquisition Officer passed an award on 30th June 2005, but the applicants claimed they had no knowledge of the award and were not present at the time it was made. They alleged that no notice under Section 12(2) of the Act was served upon them. The applicants came to know about the award only on 10th October 2005 when they received a notice under Section 9 of the Act. They filed a reference application under Section 18 on 21st November 2005, which was rejected by the Reference Court as barred by limitation, holding that the award was passed on 30th June 2005 and the application was filed beyond the prescribed period of six weeks. The applicants then filed a Civil Revision Application before the Bombay High Court, Nagpur Bench. The High Court examined the provisions of Section 12(2) and Section 18 of the Land Acquisition Act, 1894. It noted that Section 12(2) mandates that the Collector shall give immediate notice of the award to persons interested who are not present at the time of making the award. The court found that the respondents failed to prove that any such notice was given to the applicants. The court held that the requirement of Section 12(2) is mandatory and non-compliance renders the award invalid. Consequently, the limitation for filing a reference under Section 18 would start only from the date of knowledge of the award. Since the applicants came to know about the award on 10th October 2005 and filed the reference on 21st November 2005, which was within six weeks, the reference was within limitation. The High Court allowed the revision application, set aside the order of the Reference Court, and remanded the matter for fresh consideration on merits after giving an opportunity of hearing to the applicants.
Headnote
A) Land Acquisition - Notice of Award - Section 12(2) of the Land Acquisition Act, 1894 - Mandatory Notice - The court held that the requirement of giving notice of the award to persons interested who were not present at the time of making the award is mandatory. Failure to give such notice renders the award invalid and the limitation for filing a reference under Section 18 starts from the date of knowledge of the award. (Paras 5-7) B) Land Acquisition - Reference Application - Section 18 of the Land Acquisition Act, 1894 - Limitation - The court held that when no notice under Section 12(2) is given, the limitation for filing a reference under Section 18 does not begin to run until the applicant has actual knowledge of the award. The reference application filed within 6 weeks of acquiring knowledge is within limitation. (Paras 6-7) C) Land Acquisition - Validity of Award - Non-Compliance with Section 12(2) - The court held that non-compliance with the mandatory requirement of Section 12(2) vitiates the award. The award was set aside and the matter remanded for fresh consideration after giving proper notice to the applicants. (Paras 7-8)
Issue of Consideration
Whether the failure to give notice of the award under Section 12(2) of the Land Acquisition Act, 1894 to the applicants renders the award invalid and whether the reference application under Section 18 is within limitation when the applicants had no knowledge of the award.
Final Decision
The High Court allowed the Civil Revision Application, set aside the order of the Reference Court, and remanded the matter for fresh consideration on merits after giving an opportunity of hearing to the applicants. The court held that the failure to give notice under Section 12(2) renders the award invalid and the limitation for reference under Section 18 runs from the date of knowledge.
Law Points
- Section 12(2) of the Land Acquisition Act
- 1894 requires that notice of the award be given to persons interested who are not present at the time of making the award
- non-compliance renders the award invalid
- limitation for reference under Section 18 runs from the date of knowledge of the award
