Case Note & Summary
The petitioner, Narayan Bhikaji More, was the owner of agricultural land acquired by the State Government for the Kal Project at Roha, Raigad District. The Land Acquisition Officer passed an award on 3/1/1992 in the absence of the petitioner. The petitioner received the award amount on 15/2/1992 and had already applied for a certified copy of the award on 6/2/1992. The certified copy was made available to him on 31/3/1992, and on the same day, he submitted an application under Section 18 of the Land Acquisition Act, 1894 seeking enhancement of compensation. The Land Acquisition Officer rejected the application by communication dated 2/9 July 1992 on the ground of delay. The petitioner submitted a clarificatory application on 6/8/1992, but was informed on 9/10/1992 that the rejection was final. The petitioner then filed this civil revision application challenging the Collector's order. The legal issue was whether the application under Section 18 was within limitation. The petitioner argued that since he was not present at the time of the award, he had no knowledge of its terms until he received the certified copy on 31/3/1992, and the application was filed on the same day. The court analyzed that the limitation period under Section 18 runs from the date of knowledge of the award, not from the date of the award itself. The court found that the petitioner had applied for the certified copy promptly on 6/2/1992, even before receiving payment, and the copy was given on 31/3/1992. Therefore, the application filed on 31/3/1992 was within the prescribed period. The court set aside the Collector's order and directed the Collector to refer the matter to the civil court under Section 18 of the Act for determination of compensation.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18 of Land Acquisition Act, 1894 - Knowledge of Award - The period of limitation for making an application under Section 18 runs from the date of knowledge of the award, not from the date of the award itself, when the claimant was not present at the time of the award. The court held that the claimant's application for a certified copy on 6/2/1992, immediately after receiving payment on 15/2/1992, and submission of the reference application on 31/3/1992 (the date of receipt of the certified copy) was within time. The Collector's rejection on the ground of delay was set aside. (Paras 1-3)
Issue of Consideration
Whether the application for reference under Section 18 of the Land Acquisition Act, 1894 was within limitation when the claimant was not present at the time of award and applied for a certified copy immediately after receiving payment.
Final Decision
The court allowed the civil revision application, set aside the order of the Collector dated 2/9 July 1992, and directed the Collector to refer the matter to the civil court under Section 18 of the Land Acquisition Act, 1894 for determination of compensation.
Law Points
- Limitation for reference under Section 18 of Land Acquisition Act
- 1894 runs from date of knowledge of award
- not from date of award when claimant was absent
- Knowledge of award is actual knowledge of its essential contents
- Date of receipt of certified copy can be treated as date of knowledge if applied for without delay
Case Details
2005 LawText (BOM) (07) 35
Civil Revision Application No. 85 of 1993
Mr. Rajiv Patil with Miss. Seema Sarnaik for Petitioner, Ms. G.P. Mulekar, AGP for Respondents
The Special Land Acquisition Officer, Kal Project, Roha, District Raigad and The State of Maharashtra
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Nature of Litigation
Civil revision application challenging the Collector's order rejecting an application under Section 18 of the Land Acquisition Act, 1894 for enhancement of compensation on the ground of delay.
Remedy Sought
The petitioner sought to set aside the Collector's order and to direct the Collector to refer the matter to the civil court under Section 18 of the Land Acquisition Act, 1894 for enhancement of compensation.
Filing Reason
The petitioner's agricultural land was acquired by the State Government for the Kal Project. The Land Acquisition Officer passed an award on 3/1/1992 in the petitioner's absence. The petitioner received the award amount on 15/2/1992 and applied for a certified copy of the award on 6/2/1992. The certified copy was received on 31/3/1992, and on the same day, the petitioner submitted an application under Section 18 for enhancement of compensation. The Collector rejected the application as time-barred.
Previous Decisions
The Land Acquisition Officer rejected the application under Section 18 by communication dated 2/9 July 1992 on the ground of delay. The petitioner's clarificatory application dated 6/8/1992 was also rejected by communication dated 9/10/1992 stating that the earlier rejection was final.
Issues
Whether the application under Section 18 of the Land Acquisition Act, 1894 was within limitation when the claimant was not present at the time of the award and applied for a certified copy immediately after receiving payment.
Submissions/Arguments
The petitioner argued that since he was not present at the time of the award, he had no knowledge of its terms until he received the certified copy on 31/3/1992. He applied for the certified copy on 6/2/1992, even before receiving payment, and the application under Section 18 was filed on the same day the certified copy was received, i.e., 31/3/1992. Therefore, the application was within limitation.
Ratio Decidendi
The period of limitation for making an application under Section 18 of the Land Acquisition Act, 1894 runs from the date of knowledge of the award, not from the date of the award itself, when the claimant was not present at the time of the award. The date of receipt of a certified copy of the award can be treated as the date of knowledge if the claimant applied for it without delay.
Judgment Excerpts
The petitioner’s agricultural land came to be acquired by the State Government for Kal Project at Roha in Raigad District and the Land Acquisition Officer passed his award on 3/1/1992 when the petitioner-land owner was not present.
He received the award amount on 15/2/1992 and applied for a certified true copy of the award on 6/2/1992.
On 31/3/1992 he obtained a certified true copy and forthwith submitted an application under Section 18 of the Land Acquisition Act, 1894 to the Collector.
Procedural History
The Land Acquisition Officer passed an award on 3/1/1992. The petitioner received the award amount on 15/2/1992 and applied for a certified copy on 6/2/1992. The certified copy was received on 31/3/1992, and the petitioner filed an application under Section 18 on the same day. The Collector rejected the application on 2/9 July 1992 on the ground of delay. The petitioner filed a clarificatory application on 6/8/1992, which was rejected on 9/10/1992. The petitioner then filed this civil revision application in the High Court.
Acts & Sections
- Land Acquisition Act, 1894: Section 18
