Case Note & Summary
The dispute arose from a land acquisition process initiated under the Land Acquisition Act, 1894, concerning land in Nallur village for the Sriram Sagar Project. The notification for acquisition was published on August 19, 1965, and possession was taken on November 22, 1965. Compensation was awarded at Rs.430 per acre, which was accepted by the claimants without protest. In 1986, the claimants filed a writ petition alleging that they had not received proper notice regarding the award. The High Court directed an inquiry, leading to a reference that enhanced the compensation. The Supreme Court examined whether the reference application was made within the statutory time limit. It found that since the claimants were present when the award was made and accepted the compensation, they were not entitled to seek a reference under Section 18 of the Act. The court emphasized that the limitation period began from the date of the award, and since the claimants received the compensation without protest, the reference was barred by limitation. The court concluded that the reference was made without jurisdiction and set aside the High Court's judgment and the reference court's award, allowing the appeal with no costs.
Headnote
A) Land Acquisition - Reference Application - Timeliness of Application - Land Acquisition Act, 1894, Section 18(2) - The court held that the reference application must be made within six weeks from the date of the award if the claimant was present at the time of the award. Since the claimants received compensation without protest, they were not entitled to seek a reference, and the reference was deemed barred by limitation (Paras 2-3).
Issue of Consideration
Whether the reference application was made within the prescribed time limit under the Land Acquisition Act, 1894.
Final Decision
The Supreme Court allowed the appeal, set aside the judgments of the reference court and the High Court, and ruled that the reference was barred by limitation and without jurisdiction.
Law Points
- Land Acquisition
- Limitation
- Compensation
- Reference Application
- Jurisdiction
