Case Note & Summary
The case involves two Civil Revision Applications filed by land owners whose lands were acquired for the Vang Irrigation Project in Satara, Maharashtra. An award was declared on 29.01.2003, but notice under Section 12(2) of the Land Acquisition Act, 1894 was served on the applicants only on 12.03.2008. The applicants filed applications for reference under Section 18 seeking enhanced compensation on 24.09.2013, which were rejected by the Deputy Collector (Land Acquisition) on 06.05.2013 on the ground of limitation. The High Court examined whether the limitation period for filing a reference runs from the date of the award or from the date of knowledge of the award. The court held that the limitation period under Section 18 runs from the date of knowledge of the award, and since the applicants had knowledge only on 12.03.2008, their applications filed on 24.09.2013 were within time. The court also noted that the Deputy Collector had the power to condone delay under Section 5 of the Limitation Act, 1963, and ought to have considered the explanation for delay. The court set aside the impugned orders and directed the Deputy Collector to entertain the reference applications on merits and make a reference to the civil court for adjudication.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18, Land Acquisition Act, 1894 - The period of limitation for making an application for reference under Section 18 runs from the date of knowledge of the award, not from the date of the award itself. The Deputy Collector erred in rejecting the application as time-barred without considering the date of service of notice under Section 12(2) (Paras 7-9).
B) Land Acquisition - Notice under Section 12(2) - Service on Person Interested - Section 12(2), Land Acquisition Act, 1894 - Notice under Section 12(2) must be served on the person interested in the land. Service on the wife of the applicant or on the heir of the original owner is sufficient compliance. The applicants had knowledge of the award only on 12.03.2008 when such notice was served (Paras 5-6).
C) Land Acquisition - Condonation of Delay - Section 5, Limitation Act, 1963 - The court has power to condone delay in filing reference application if sufficient cause is shown. The Deputy Collector ought to have considered the explanation for delay and condoned it, as the applicants were not aware of the award earlier (Paras 10-11).
Issue of Consideration
Whether the application for reference under Section 18 of the Land Acquisition Act, 1894 was barred by limitation, and whether the Deputy Collector erred in rejecting the application on the ground of limitation without considering the date of knowledge of the award.
Final Decision
The High Court allowed both Civil Revision Applications, set aside the impugned orders dated 06.05.2013, and directed the Deputy Collector (Land Acquisition) No.4, Satara to entertain the applications for reference under Section 18 of the Land Acquisition Act, 1894 and make a reference to the civil court for adjudication on merits.
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
- Notice under Section 12(2) must be served on person interested
- Service on wife or heir is sufficient
- Delay in filing reference can be condoned if sufficient cause shown
Case Details
2015 LawText (BOM) (08) 61
Civil Revision Application No.855 of 2013 and Civil Revision Application No.856 of 2013
Shri. Ajit Kenjale a/w Shri. Rajesh Dharap for the Applicants; Shri. Rajan Pawar, AGP for the Respondents
Shri. Mahadeo Bapu Shinde; Smt. Parvati Tukaram Shinde and others
Add. Dist Collector and Special Land Acquisition Officer No.4, District Collector Satara, State of Maharashtra
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Nature of Litigation
Civil Revision Applications challenging orders rejecting applications for reference under Section 18 of the Land Acquisition Act, 1894 on ground of limitation.
Remedy Sought
The applicants sought setting aside of the orders dated 06.05.2013 passed by the Deputy Collector (Land Acquisition) No.4, Satara, and a direction to entertain their applications for reference under Section 18 of the Land Acquisition Act, 1894.
Filing Reason
The applicants' lands were acquired for the Vang Irrigation Project; an award was declared on 29.01.2003, but notice under Section 12(2) was served on them only on 12.03.2008. They filed reference applications on 24.09.2013, which were rejected as time-barred.
Previous Decisions
The Deputy Collector (Land Acquisition) No.4, Satara, by orders dated 06.05.2013, rejected the applicants' applications for reference under Section 18 of the Land Acquisition Act, 1894 on the ground of limitation.
Issues
Whether the application for reference under Section 18 of the Land Acquisition Act, 1894 was barred by limitation.
Whether the Deputy Collector erred in rejecting the application on the ground of limitation without considering the date of knowledge of the award.
Whether the Deputy Collector had the power to condone delay under Section 5 of the Limitation Act, 1963.
Submissions/Arguments
The applicants argued that the limitation period for filing a reference under Section 18 runs from the date of knowledge of the award, not from the date of the award. They had knowledge only on 12.03.2008 when notice under Section 12(2) was served, and their application on 24.09.2013 was within time.
The respondents argued that the application was filed beyond the period of limitation and the Deputy Collector correctly rejected it.
Ratio Decidendi
The period of limitation for making an application for reference 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. The Deputy Collector has the power to condone delay under Section 5 of the Limitation Act, 1963, and ought to have considered the explanation for delay.
Judgment Excerpts
The notice under Section 12(2) of the said Act came to be served upon Applicants on 12.03.2008 which is evidenced by the signature of the wife of the Applicant Shri. Mahadeo Shinde and the signature of the heir of the original owner on the acknowledgement sheet meant for the same.
The period of limitation for making an application for reference under Section 18 runs from the date of knowledge of the award, not from the date of the award itself.
The Deputy Collector ought to have considered the explanation for delay and condoned it, as the applicants were not aware of the award earlier.
Procedural History
The applicants' lands were acquired for the Vang Irrigation Project. An award was declared on 29.01.2003. Notice under Section 12(2) of the Land Acquisition Act, 1894 was served on the applicants on 12.03.2008. The applicants filed applications for reference under Section 18 on 24.09.2013. The Deputy Collector (Land Acquisition) No.4, Satara, by orders dated 06.05.2013, rejected the applications on the ground of limitation. The applicants filed Civil Revision Applications No.855 of 2013 and 856 of 2013 before the Bombay High Court challenging those orders.
Acts & Sections
- Land Acquisition Act, 1894: Section 12(2), Section 18
- Limitation Act, 1963: Section 5
