Case Note & Summary
The State of Maharashtra, through the Collector, Chandrapur, filed a first appeal under Section 54 of the Land Acquisition Act, 1894, challenging the judgment dated 30.09.1999 of the Reference Court in Land Acquisition Case No. 3 of 1993. The respondent, Vishwas Vijan Gedam, owned 0.09 R of land in Survey No. 651, which was acquired for a public purpose. A notification under Section 4 of the Act was published on 17.09.1987, and the Land Acquisition Officer passed an award on 30.03.1989, granting compensation of Rs. 4,108. The respondent applied for a certified copy of the award on 10.11.1989, received it on 26.06.1992, and filed a reference on 29.06.1992. The Reference Court enhanced the compensation to Rs. 10 per sq. ft. The State appealed, arguing that the reference was barred by limitation as it was filed beyond six weeks from the notice under Section 12(2), and that the enhancement was without evidence. The respondent contended that the time spent in obtaining the certified copy was excludable under Section 12(2) of the Limitation Act, 1963, and that the enhancement was justified. The High Court held that the reference was within limitation, as the period for obtaining the certified copy (from 10.11.1989 to 26.06.1992) was excludable, and the reference was filed within six weeks thereafter. On merits, the Court found that the Reference Court had relied on sale instances and the location of the land, which was in a developed area, and the enhancement to Rs. 10 per sq. ft. was not excessive. The appeal was dismissed, and the impugned order was confirmed.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18 of Land Acquisition Act, 1894 read with Section 12(2) of Limitation Act, 1963 - The respondent filed reference beyond six weeks from notice under Section 12(2) but within six weeks from obtaining certified copy of award - Held that time spent in obtaining certified copy is excludable under Section 12(2) of Limitation Act, 1963, and reference was within limitation (Paras 6-8). B) Land Acquisition - Compensation Enhancement - Market Value - Section 23 of Land Acquisition Act, 1894 - Reference Court enhanced compensation to Rs. 10 per sq. ft. based on evidence of sale instances and location - Held that enhancement was justified and not excessive, as the land was situated in a developed area with potential for non-agricultural use (Paras 9-10).
Issue of Consideration
Whether the reference proceedings filed by the respondent were barred by limitation and whether the enhancement of compensation at Rs. 10 per sq. ft. was justified.
Final Decision
Appeal dismissed. The impugned order of the Reference Court dated 30.09.1999 in Land Acquisition Case No. 3 of 1993 is confirmed.
Law Points
- Limitation for reference under Land Acquisition Act
- Exclusion of time for obtaining certified copy
- Section 12(2) of Limitation Act
- 1963
- Section 18 of Land Acquisition Act
- 1894
