Case Note & Summary
The petitioners, three agriculturists, challenged an order dated 30.6.2011 passed by the Land Acquisition Officer, Nanded, rejecting their application under Section 28A of the Land Acquisition Act, 1894. Their lands were acquired for the Upper Penganga Project (Canal) and compensation was awarded at Rs.5,500 to Rs.6,000 per hectare by an award dated 2.3.1981. One Sambharao Tukaram Deshmukh, aggrieved by the award, filed a reference under Section 18 (L.A.R. No.32/1985) seeking enhanced compensation. The reference court allowed the claim on 30.9.1987, granting enhanced compensation at Rs.1,500 per acre. Dissatisfied, Sambharao filed First Appeal No.1530/2010 under Section 54 before the High Court, which was decided on 23.9.2010. The petitioners then filed an application under Section 28A before the Land Acquisition Officer on 30.6.2011, seeking redetermination of compensation based on the enhanced award. The Land Acquisition Officer rejected the application on the ground that it was filed beyond the limitation period of three months from the date of the reference court's award (30.9.1987) and that he lacked jurisdiction. The High Court upheld the rejection, noting that the application under Section 28A must be filed within three months of the court's award in a reference under Section 18, and the petitioners failed to do so. The court also observed that the petitioners did not obtain a reference under Section 18 themselves, and the limitation period could not be extended. The petition was dismissed.
Headnote
A) Land Acquisition - Redetermination of Compensation - Section 28A of Land Acquisition Act, 1894 - Limitation - Application under Section 28A must be filed within three months from the date of the award of the court in a reference under Section 18 - Petitioners' application was filed beyond the prescribed period and was rightly rejected by the Land Acquisition Officer (Paras 1-10).
B) Land Acquisition - Jurisdiction of Land Acquisition Officer - Section 28A of Land Acquisition Act, 1894 - The Land Acquisition Officer has no jurisdiction to entertain an application under Section 28A after the expiry of the limitation period - The officer correctly held that he lacked jurisdiction to consider the application (Paras 1-10).
Issue of Consideration
Whether the Land Acquisition Officer was justified in rejecting the petitioners' application under Section 28A of the Land Acquisition Act, 1894 on the ground of delay and lack of jurisdiction.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Land Acquisition Officer dated 30.6.2011 rejecting the petitioners' application under Section 28A of the Land Acquisition Act, 1894.
Law Points
- Section 28A of Land Acquisition Act
- 1894
- Limitation for filing application under Section 28A
- Jurisdiction of Land Acquisition Officer under Section 28A
- Right to seek redetermination of compensation
Case Details
2014 LawText (BOM) (02) 19
Writ Petition No.7540 of 2011
S.C. Dharmadhikari, Ravindra V. Ghuge
Mr.S.K.Adkine for petitioners, Mr.G.K. (Naik) Thigale for respondent Nos. 1 and 2, Mr.B.R.Surwase for respondent No.3
Datta Rao S/o Kerbarao Deshmukh, Subhash S/o Rangrao Deshmukh, Uttam Rao S/o Rang Rao Deshmukh
The State of Maharashtra, The Land Acquisition Officer, The Executive Engineer
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Nature of Litigation
Writ petition under Articles 226, 227, 300A, 31 and 19(1)(g) of the Constitution of India challenging an order rejecting an application under Section 28A of the Land Acquisition Act, 1894.
Remedy Sought
Petitioners sought to quash the order dated 30.6.2011 passed by the Land Acquisition Officer rejecting their application under Section 28A of the Land Acquisition Act, 1894.
Filing Reason
The petitioners' application under Section 28A for redetermination of compensation was rejected by the Land Acquisition Officer on the ground of delay and lack of jurisdiction.
Previous Decisions
The Land Acquisition Officer passed an award on 2.3.1981 granting compensation at Rs.5,500 to Rs.6,000 per hectare. In a reference under Section 18 (L.A.R. No.32/1985), the court granted enhanced compensation at Rs.1,500 per acre on 30.9.1987. The claimant filed First Appeal No.1530/2010 under Section 54, which was decided on 23.9.2010.
Issues
Whether the Land Acquisition Officer was correct in rejecting the petitioners' application under Section 28A of the Land Acquisition Act, 1894 on the ground of limitation.
Whether the Land Acquisition Officer had jurisdiction to entertain the application under Section 28A after the expiry of the prescribed period.
Submissions/Arguments
Petitioners argued that their application under Section 28A was filed within time as the limitation should be computed from the date of the First Appeal judgment (23.9.2010) and not from the reference court's award (30.9.1987).
Respondents contended that the application under Section 28A must be filed within three months from the date of the court's award in a reference under Section 18, and the petitioners failed to do so.
Ratio Decidendi
An application under Section 28A of the Land Acquisition Act, 1894 must be filed within three months from the date of the court's award in a reference under Section 18. The Land Acquisition Officer has no jurisdiction to entertain an application filed beyond this period. The limitation period cannot be extended by reference to a subsequent appeal under Section 54.
Judgment Excerpts
By the impugned order dated 30.6.2011, the application of the petitioners filed u/s 28A of the Land Acquisition Act, 1894 came to be rejected.
The agricultural lands of the petitioners were sought to be acquired for the construction of Upper Paneganga Project (Canal).
Compensation at the rate ranging between Rs.5,500/ to Rs. 6,000/ per hectre was granted.
Procedural History
The Land Acquisition Officer passed an award on 2.3.1981. Sambharao Tukaram Deshmukh filed L.A.R. No.32/1985 under Section 18, which was allowed on 30.9.1987 granting enhanced compensation. He then filed First Appeal No.1530/2010 under Section 54, decided on 23.9.2010. The petitioners filed an application under Section 28A on 30.6.2011, which was rejected by the Land Acquisition Officer on the same day. The petitioners then filed the present writ petition.
Acts & Sections
- Land Acquisition Act, 1894: 28A, 18, 54
- Constitution of India, 1950: 226, 227, 300A, 31, 19(1)(g)
