Case Note & Summary
The petitioners, whose lands were acquired for the Mukane Dam Project, sought redetermination of compensation under Section 28(A) of the Land Acquisition Act, 1894. The award was passed on 14.12.1995. Other claimants with lands under the same notification filed references and obtained a higher compensation by judgment dated 03.04.2006. The petitioners applied for a certified copy of that judgment on 17.05.2006, which was ready on 29.05.2006 but delivered on 03.06.2006. They filed an application under Section 28(A) on 18.07.2006. The Special Land Acquisition Officer rejected the application as barred by limitation, holding that the three-month period under Section 28(A) runs from the date of the award (03.04.2006) and not from the date of knowledge. The High Court considered the issue of whether the limitation period under Section 28(A) should be computed from the date of knowledge of the award. The court noted that the petitioners had no knowledge of the award until they obtained the certified copy, and that the application was filed within three months from the date of delivery of the copy (03.06.2006). The court held that the limitation period under Section 28(A) runs from the date of knowledge of the award, and since the petitioners acted diligently, the application was within time. The court set aside the impugned order and directed the SLAO to decide the application on merits within three months.
Headnote
A) Land Acquisition - Redetermination of Compensation - Section 28(A) of Land Acquisition Act, 1894 - Limitation - The petitioners' lands were acquired for Mukane Dam Project and award was passed on 14.12.1995. Other claimants obtained a higher compensation by judgment dated 03.04.2006. Petitioners applied for certified copy on 17.05.2006, copy ready on 29.05.2006 but delivered on 03.06.2006. Application under Section 28(A) was filed on 18.07.2006. The Special Land Acquisition Officer rejected the application as barred by limitation, holding that limitation runs from the date of the award (03.04.2006). The High Court held that the limitation period under Section 28(A) runs from the date of knowledge of the award, and since the petitioners had no knowledge of the award until they obtained the certified copy, the application filed on 18.07.2006 was within three months from the date of knowledge (03.06.2006). The court set aside the impugned order and directed the SLAO to decide the application on merits. (Paras 1-8)
Issue of Consideration
Whether the application for redetermination of compensation under Section 28(A) of the Land Acquisition Act, 1894 is within limitation when filed within three months from the date of knowledge of the award, and whether the limitation period runs from the date of knowledge or from the date of the award.
Final Decision
The High Court allowed the writ petitions, set aside the impugned order dated 22.09.2008, and directed the Special Land Acquisition Officer to decide the application for redetermination of compensation under Section 28(A) on merits within three months from the date of the order.
Law Points
- Section 28(A) of Land Acquisition Act
- 1894
- limitation period
- date of knowledge
- redetermination of compensation
Case Details
2012 LawText (BOM) (01) 71
Writ Petition No. 2140 of 2009 with Writ Petition Nos. 2141, 2142, 2143, 2144 of 2009
Mr. Tushar Sonawanne for the Petitioner; Mr. R.M. Patne, AGP for Respondent Nos. 1 to 2
Shri Popat Bahiru Govardhane, Smt. Manjulabai Dagadu Shirsat, Shri Daulat Punja Rao, Shri Ramu Dagadu Rao, Shri Nivrutti Govardhane
Special Land Acquisition Officer, Nashik; The State of Maharashtra
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Nature of Litigation
Writ petitions challenging the order of Special Land Acquisition Officer rejecting application for redetermination of compensation under Section 28(A) of Land Acquisition Act, 1894 as barred by limitation.
Remedy Sought
Petitioners sought quashing of the impugned order dated 22.09.2008 and direction to the SLAO to decide the application for redetermination of compensation on merits.
Filing Reason
The SLAO rejected the application for redetermination of compensation as barred by limitation, holding that the three-month period under Section 28(A) runs from the date of the award (03.04.2006) and not from the date of knowledge.
Previous Decisions
The SLAO passed the impugned order dated 22.09.2008 rejecting the application. The petitioners had earlier obtained a certified copy of the judgment in L.R. No. 314 of 1999 and other connected references, which was delivered on 03.06.2006.
Issues
Whether the application for redetermination of compensation under Section 28(A) of the Land Acquisition Act, 1894 is within limitation when filed within three months from the date of knowledge of the award.
Whether the limitation period under Section 28(A) runs from the date of the award or from the date of knowledge of the award.
Submissions/Arguments
Petitioners argued that they had no knowledge of the award until they obtained the certified copy on 03.06.2006, and the application filed on 18.07.2006 was within three months from the date of knowledge.
Respondents argued that the limitation period under Section 28(A) runs from the date of the award (03.04.2006) and the application filed on 18.07.2006 was beyond three months.
Ratio Decidendi
The limitation period under Section 28(A) of the Land Acquisition Act, 1894 for filing an application for redetermination of compensation runs from the date of knowledge of the award, not from the date of the award. The petitioners, having no knowledge of the award until they obtained the certified copy, filed the application within three months from the date of knowledge, and thus the application was within limitation.
Judgment Excerpts
The date given to the Applicant for taking delivery of the copy was 29.05.2006. The copy was actually ready on 29.05.2006 but was delivered on 3rd June, 2006.
It is an admitted position that the Application for redetermination of the amount of compensation on the basis of the Award of the Court under Section 28(A) was filed on 18th July, 2006.
In my view, the limitation for filing an application under Section 28(A) would run from the date of knowledge of the award and not from the date of the award.
Procedural History
The lands were acquired and award passed on 14.12.1995. Other claimants obtained higher compensation by judgment dated 03.04.2006. Petitioners applied for certified copy on 17.05.2006, copy delivered on 03.06.2006. Application under Section 28(A) filed on 18.07.2006. SLAO rejected application on 22.09.2008. Petitioners filed writ petitions on 18.06.2009 (rule issued). Final hearing and judgment on 25.01.2012.
Acts & Sections
- Land Acquisition Act, 1894: Section 28(A), Section 4
