Case Note & Summary
The case involved a special leave petition filed by the petitioner against the State of U.P. concerning land acquisition compensation. The petitioner sought to challenge the limitation period for filing an application under Section 28-A of the Land Acquisition Act, 1894, arguing that the limitation should start from the date he gained knowledge of enhanced compensation rates. The reference court had passed its award on May 18, 1990, and the petitioner filed his application on July 22, 1992, claiming he only learned of the enhanced rates on July 19, 1992. The core legal issue was whether the limitation period commenced from the date of the award or from the date of knowledge. The court analyzed the provisions of Section 28-A, which clearly stated that the limitation period begins from the date of the award, excluding the time taken to obtain a certified copy of the award. The court concluded that the petitioner’s argument regarding the start of the limitation period based on knowledge was unsustainable. Consequently, the special leave petition was dismissed.
Headnote
A) Land Acquisition - Limitation Period - Commencement of Limitation - Land Acquisition Act, 1894, Section 28-A - The limitation for filing an application under Section 28-A begins from the date of the award of the reference court, not from the date of knowledge of enhanced compensation. The court held that the express language of the Act excludes the consideration of knowledge in determining the limitation period for re-determination of compensation (Paras Not mentioned).
Issue of Consideration
Whether the limitation period for filing an application under Section 28-A of the Land Acquisition Act begins from the date of knowledge of enhanced compensation or from the date of the award.
Final Decision
The Supreme Court dismissed the special leave petition, affirming that the limitation period for filing an application under Section 28-A of the Land Acquisition Act begins from the date of the award, not from the date of knowledge of enhanced compensation.
Law Points
- Land Acquisition
- Limitation Period
- Re-determination of Compensation
- Section 28-A Land Acquisition Act
- 1894
