Case Note & Summary
The dispute arose from land acquisition proceedings under the Land Acquisition Act, 1894. The State of Gujarat, as the acquiring authority, preferred appeals by special leave against the judgment of the High Court of Gujarat dated March 9, 1988, which had directed the State to make a reference to the civil court under Section 18 of the Act. The respondent claimants had sought a reference for enhancement of compensation. The Land Acquisition Officer passed an award under Section 11 of the Act on June 26, 1981, and issued notice under Section 12(2) on September 18, 1981. The claimants filed an application for reference under Section 18 on July 30, 1985, after a lapse of about three years from the award. The Land Acquisition Officer (Deputy Collector) rejected the application on December 16, 1985. The claimants then challenged the rejection in writ petition before the High Court. The High Court directed the State to make a reference. The State appealed to the Supreme Court, contending that the application was barred by limitation. The Supreme Court examined the provisions of Section 18(2) read with Section 31 of the Land Acquisition Act, 1894. The Court noted that after receipt of notice under Section 12(2), the claimants are required to file an application under Section 18 within 30 days from the date of the award when present or represented, or within six months from the receipt of the notice, whichever period first expires. In this case, since the notice was issued on September 18, 1981, the application should have been filed within six weeks from the date of the Collector's award or six weeks from the receipt of notice under Section 12(2), or within six months from the date of the Collector's award, whichever first expired. The application was filed after about three years, which was clearly beyond the prescribed period. The Supreme Court held that the direction issued by the High Court was clearly illegal. Accordingly, the appeals were allowed and the High Court's direction was set aside. No order as to costs.
Headnote
A) Land Acquisition - Limitation for Reference - Application under Section 18 of Land Acquisition Act, 1894 must comply with limitation under Section 18(2) read with Section 31 - Land Acquisition Act, 1894, Sections 11, 12(2), 18(2), 31 - The award was passed on June 26, 1981 and notice under Section 12(2) issued on September 18, 1981, but the application for reference was filed on July 30, 1985 after about three years. The High Court directed the State to make a reference, but the Supreme Court held that the application was barred by limitation as it was filed long after the expiry of the period specified in Section 18(2) read with Section 31. Held that the High Court's direction was clearly illegal and set aside, and the appeals were allowed with no costs (Paras Not mentioned).
Issue of Consideration
Whether the High Court was justified in directing the appellant to make a reference to the civil court under Section 18 of the Land Acquisition Act, 1894 despite the application being filed beyond the period of limitation prescribed under Section 18(2) read with Section 31.
Final Decision
The appeals were allowed; the High Court's direction to make a reference to the civil court was set aside. No costs.
Law Points
- Application under Section 18 of Land Acquisition Act
- 1894 must be filed within limitation under Section 18(2) read with Section 31
- limitation period is 30 days from award if present or represented
- or six months from receipt of notice under Section 12(2)
- whichever first expires
- filing after three years is barred
- High Court direction to make reference is illegal.
