Case Note & Summary
The petitioner, Ashok Amgonda Birajdar, owned agricultural land admeasuring 2 hectares and 45 ares bearing Gat No.218 at village Donaj, Taluka Mangalwedha, District Solapur. The land was acquired for the Ujani Canal Division No.9 under the Land Acquisition Act, 1894. A notification under Section 4 was issued, and the Special Land Acquisition Officer (Third Respondent) declared the award on 20th May 2002. The petitioner stated that he was not present when the award was made. A notice under Section 12(2) was issued to him on 29th April 2005, which he received on 3rd May 2005. On the same day, he accepted the compensation amount under protest. On 9th June 2005, he made an application under Section 18 of the Act before the Third Respondent seeking a reference for enhancement of compensation. The Third Respondent dismissed the application by an order dated 20th December 2005 on three grounds: (i) the application was not filed within six months from the date of the award; (ii) no evidence was produced indicating that the amount was accepted under protest; and (iii) no evidence was produced indicating the reasons for objection. The petitioner challenged this order by way of a writ petition before the Bombay High Court. The court considered the issue of limitation and the requirement of protest. The court held that under Section 18(2)(b) of the Act, the period of limitation for making an application for reference runs from the date of receipt of notice under Section 12(2), not from the date of the award. Since the petitioner received notice on 3rd May 2005 and filed the application on 9th June 2005, it was within the prescribed period of six weeks. The court also held that the petitioner's statement that he accepted compensation under protest, coupled with the fact that he immediately sought reference within a month, was sufficient to show that the amount was accepted under protest. The court set aside the order of the Special Land Acquisition Officer and directed him to make a reference under Section 18 to the appropriate court within a period of four weeks.
Headnote
A) Land Acquisition - Reference under Section 18 - Limitation - Section 18(2)(b) of the Land Acquisition Act, 1894 - The period of limitation for making an application for reference runs from the date of receipt of notice under Section 12(2) of the Act, not from the date of the award - The petitioner received notice on 3rd May 2005 and filed application on 9th June 2005, which is within six weeks as required - The Special Land Acquisition Officer erred in computing limitation from the date of award (20th May 2002) (Paras 2-4). B) Land Acquisition - Acceptance of Compensation under Protest - Section 18 of the Land Acquisition Act, 1894 - The petitioner stated that he accepted compensation under protest on 3rd May 2005 - The Special Land Acquisition Officer rejected the application on the ground that no evidence of protest was produced - However, the court held that the petitioner's statement in the application and the fact that he immediately sought reference within a month of receiving compensation indicates that the amount was accepted under protest - The officer should have considered the application on merits (Paras 2-5).
Issue of Consideration
Whether the application for reference under Section 18 of the Land Acquisition Act, 1894 was barred by limitation and whether the acceptance of compensation was under protest.
Final Decision
The court allowed the writ petition, set aside the order dated 20th December 2005 passed by the Special Land Acquisition Officer, and directed the Special Land Acquisition Officer to make a reference under Section 18 of the Land Acquisition Act, 1894 to the appropriate court within a period of four weeks from the date of the order.
Law Points
- Limitation for reference under Section 18 of Land Acquisition Act
- 1894 runs from date of notice under Section 12(2)
- not from date of award
- Acceptance of compensation under protest can be inferred from conduct
- Special Land Acquisition Officer must consider application on merits
