Case Note & Summary
The appellant, Sau. Laxmibai Nilkanth Vabhitkar, filed a reference under Section 18 of the Land Acquisition Act, 1894 seeking enhancement of compensation for land acquired by the State of Maharashtra. The Land Acquisition Case No.6 of 2011 was dismissed by the Reference Court on 31.12.2012 solely on the ground that it was barred by limitation of six weeks as prescribed under Section 18 of the Act. The appellant challenged this dismissal in the High Court. The High Court examined the provisions of Section 18, particularly the proviso to subsection (2), which prescribes different limitation periods depending on whether the claimant was present or represented before the Collector at the time of the award. The court noted that the appellant was not present or represented at the time of the award and that no notice under Section 12(2) of the Act was given to her. In such circumstances, the limitation period is six weeks from the receipt of notice under Section 12(2) or six months from the date of the Collector's award, whichever expires first. The High Court found that the reference was filed within six months from the date of the award and was therefore within time. The court held that the Reference Court erred in dismissing the reference as barred by limitation. Consequently, the High Court allowed the appeal, set aside the impugned order, and remanded the matter back to the Reference Court for fresh consideration on merits. The parties were directed to appear before the Reference Court on 22.02.2016.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18, Land Acquisition Act, 1894 - The Reference Court dismissed the reference as barred by limitation of six weeks under Section 18(2)(a) - The High Court held that the proviso to Section 18(2) provides two periods: six weeks from award if present/represented, or six weeks from notice under Section 12(2) or six months from award, whichever expires first - Since the appellant was not present or represented and no notice under Section 12(2) was given, the reference was within time - Held that the Reference Court erred in dismissing the reference as barred by limitation (Paras 3-5).
Issue of Consideration
Whether the Reference Court was right in holding that the reference sought for enhancement of compensation under Section 18 of the Land Acquisition Act was barred by time?
Final Decision
Appeal allowed. Impugned order dated 31.12.2012 passed by the Reference Court in Land Acquisition Case No.6 of 2011 is set aside. The matter is remanded back to the Reference Court for fresh consideration on merits. Parties to appear before the Reference Court on 22.02.2016.
Law Points
- Limitation period under Section 18 of Land Acquisition Act
- 1894 does not apply when the claimant was not present or represented at the time of award and no notice under Section 12(2) was given
- Limitation for reference under Section 18 runs from receipt of notice under Section 12(2) or six months from award
- whichever expires first
- Reference Court erred in dismissing reference as barred by limitation without considering the proviso to Section 18(2)
Case Details
2016 LawText (BOM) (01) 120
First Appeal No.410 of 2014
Shri A.P. Thakre for Appellant, Shri D.M. Kale, AGP for Respondent
Sau. Laxmibai Nilkanth Vabhitkar
State of Maharashtra through Land Acquisition Officer, SubDivisional Officer, Warora
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Nature of Litigation
Appeal against dismissal of reference under Section 18 of Land Acquisition Act, 1894 on ground of limitation
Remedy Sought
Appellant sought enhancement of compensation for acquired land
Filing Reason
Reference Court dismissed the reference as barred by limitation of six weeks under Section 18
Previous Decisions
Reference Court dismissed Land Acquisition Case No.6 of 2011 on 31.12.2012 as barred by limitation
Issues
Whether the reference under Section 18 of the Land Acquisition Act was barred by limitation?
Whether the appellant was present or represented before the Collector at the time of award?
Whether notice under Section 12(2) was given to the appellant?
Submissions/Arguments
Appellant argued that she was not present or represented at the time of award and no notice under Section 12(2) was given, hence limitation of six weeks did not apply
Respondent argued that the reference was barred by limitation as per Section 18(2)(a)
Ratio Decidendi
The limitation period under Section 18(2) of the Land Acquisition Act, 1894 depends on whether the claimant was present or represented at the time of award. If not, and no notice under Section 12(2) is given, the reference must be filed within six months from the date of the Collector's award. In this case, the appellant was not present or represented and no notice was given, so the reference filed within six months was within time.
Judgment Excerpts
The reference under Section 18 of the Land Acquisition Act, 1894 registered as Land Acquisition Case No.6 of 2011 has been dismissed on 31.12.2012 solely on the ground that it is barred by limitation of six weeks as prescribed under Section 18 of the Land Acquisition Act.
In terms of clause (a) of proviso below subsection (2) of Section 18, if the person making the reference was present or represented before the Collector at the time when he made his award, then reference has to be filed within a period of six weeks from the date of Collector’s award.
In the present case, the appellant was not present or represented before the Collector at the time when the award was made and no notice under Section 12(2) of the Act was given to her. In such a situation, the period of limitation would be six weeks from the receipt of the notice under Section 12(2) or six months from the date of the Collector's award, whichever period shall first expire.
Procedural History
The appellant filed a reference under Section 18 of the Land Acquisition Act, 1894 before the Reference Court (Land Acquisition Case No.6 of 2011). The Reference Court dismissed the reference on 31.12.2012 as barred by limitation. The appellant filed First Appeal No.410 of 2014 before the Bombay High Court, Nagpur Bench. The High Court issued notice for final disposal on 29.09.2014 and heard the matter finally on 25.01.2016.
Acts & Sections
- Land Acquisition Act, 1894: 18, 12(2)
