Case Note & Summary
The appellant, Ashok Nagpure (since deceased, represented by legal representatives), filed a reference petition under Section 18 of the Land Acquisition Act, 1894, being dissatisfied with the Award dated 13.12.1996 passed by the Collector. The Reference Court (3rd Adhoc Additional District Judge, Nagpur) dismissed the petition in L.A.C. No. 147 of 1997 vide judgment dated 11.8.2006, solely on the ground that it was barred by limitation. The Reference Court held that the appellant received the notice under Section 12(2) on 17.12.1996 and received compensation under protest on 2.1.1997, but filed the reference on 20.2.1997, which was beyond six weeks from the date of notice and also beyond six weeks from receipt of compensation. The Reference Court relied on Mahadeo Bajirao Patil v. State of Maharashtra, 2006(1) Mh.L.J. 28. The appellant contended that the legal position had changed as per Premji Nathu v. State of Gujarat, AIR 2012 SC 1624, which held that unless the notice under Section 12(2) is accompanied by a copy of the award, the claimant cannot effectively exercise the right to seek reference, and the limitation period does not commence. The High Court found merit in this submission, noting that the Reference Court did not consider whether the notice was accompanied by the award copy. The High Court set aside the judgment of the Reference Court and remanded the matter back to the Reference Court for fresh consideration on merits, directing the parties to appear on 17.7.2017.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18 read with Section 12(2) of Land Acquisition Act, 1894 - The period of limitation for filing a reference under Section 18 runs from the date of receipt of notice under Section 12(2) only if such notice is accompanied by a copy of the award. Without the copy of the award, the claimant cannot effectively exercise the right to seek reference. The Reference Court erred in dismissing the petition as barred by limitation without considering whether the notice was accompanied by the award copy. (Paras 2-4) B) Land Acquisition - Notice under Section 12(2) - Requirement of Award Copy - Land Acquisition Act, 1894 - The notice under Section 12(2) must be accompanied by a copy of the award to enable the claimant to know the basis of the award and to decide whether to seek a reference. In the absence of such copy, the limitation period does not commence. The judgment in Premji Nathu v. State of Gujarat, AIR 2012 SC 1624, lays down this principle. (Paras 3-4)
Issue of Consideration
Whether the reference petition under Section 18 of the Land Acquisition Act, 1894 was barred by limitation when the notice under Section 12(2) was not accompanied by a copy of the award.
Final Decision
The High Court allowed the appeal, set aside the judgment of the Reference Court dated 11.8.2006, 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 17.7.2017.
Law Points
- Limitation for reference under Section 18 of Land Acquisition Act
- 1894 runs from receipt of notice accompanied by copy of award
- Notice under Section 12(2) must be accompanied by copy of award to enable effective exercise of right to seek reference
