Case Note & Summary
The present appeals arise from a common judgment of the Gujarat High Court concerning land acquisition matters. The appellant, Bhalabhai Fatabhai Khant, is a claimant whose land in village Khatakpur, Taluka Shehra, District Panchmahals was acquired for construction of a lake via notification under Section 4 of the Land Acquisition Act, 1894 on 08.07.1999. The Special Land Acquisition Officer passed an award under Section 11(1) on 18.02.2000, determining market value at Rs.42,000/- per hectare. Dissatisfied, the claimant sought a reference under Section 18 of the Act, which was filed on 10.10.2016. The Reference Court dismissed the reference on the ground of limitation, holding that it was filed beyond the prescribed period. The claimant appealed under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure, 1908. The High Court considered the issue of whether the Reference Court was justified in dismissing the reference on limitation without considering the claimant's explanation. The court noted that the claimant is an illiterate villager who was not informed by the Land Acquisition Officer about the limitation period for filing a reference. The court held that the delay should be condoned liberally in such cases, as the claimant lacked legal awareness and advice. The court set aside the impugned judgment and remanded the matter to the Reference Court for adjudication on merits, directing that the limitation issue be considered in light of the observations made. The appeals were allowed accordingly.
Headnote
A) Limitation Act, 1963 - Section 5 - Sufficient Cause - Illiterate Claimant - The court held that the delay in filing reference under Section 18 of the Land Acquisition Act, 1894 should be liberally construed when the claimant is an illiterate villager who was not aware of the legal remedies and was not advised by the Land Acquisition Officer about the limitation period. The court set aside the dismissal of reference and remanded the matter for adjudication on merits. (Paras 1-28) B) Land Acquisition Act, 1894 - Section 18 - Reference - Limitation - The court observed that the Land Acquisition Officer is duty-bound to inform the claimant about the limitation period for making a reference. Failure to do so constitutes a sufficient cause for delay. The court directed the Reference Court to decide the reference on merits without being influenced by the limitation issue. (Paras 10-25)
Issue of Consideration
Whether the Reference Court was justified in dismissing the reference on the ground of limitation without considering the claimant's explanation of delay due to illiteracy and lack of legal advice.
Final Decision
Appeals allowed. Impugned judgment and award dated 15.12.2023 set aside. Matters remanded to Reference Court for fresh adjudication on merits, with direction to consider limitation issue in light of observations made in the judgment.
Law Points
- Limitation Act
- 1963
- Section 5
- Land Acquisition Act
- 1894
- Section 18
- Reference Court
- Sufficient Cause
- Illiterate Claimant
- Liberal Approach
