Case Note & Summary
The case involves a first appeal filed by SICOM Limited against the award passed under Section 18 of the Land Acquisition Act, 1894 in Land Acquisition Case No.89/1991 by the Joint Civil Judge, Senior Division, Wardha. The original claimant, Nagorao Dashrath Waghe (since deceased, represented by legal heirs), owned land that was compulsorily acquired for public purposes. The Collector passed an award under Section 11 on 29.03.1988. Dissatisfied with the compensation, the claimant filed a reference application under Section 18 seeking enhanced compensation. The State opposed the application, raising an objection that it was barred by limitation. The reference court, after hearing the parties, partly allowed the application and granted enhanced compensation, rejecting the limitation objection. The judgment and award were passed on 21.01.2002. SICOM, which had acquired the land from the State later, appealed against the award, primarily arguing that the reference application was barred by limitation. The High Court examined the issue and held 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. The reference court had considered the evidence and found that the application was within limitation. The Court further held that SICOM, as a subsequent transferee, could not challenge the reference on limitation, as it stepped into the shoes of the State and was bound by the reference court's findings. The appeal was dismissed, and the reference court's award was upheld.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18 of Land Acquisition Act, 1894 - 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 itself. The reference court's finding that the application was within limitation was based on evidence and cannot be interfered with by a subsequent transferee. (Paras 2-4) B) Land Acquisition - Rights of Transferee - Section 18 of Land Acquisition Act, 1894 - A subsequent transferee of acquired land cannot challenge the reference application on the ground of limitation, as the transferee steps into the shoes of the State and is bound by the reference court's findings. The appellant, SICOM, had no locus to raise the limitation issue. (Paras 3-4)
Issue of Consideration
Whether the reference application under Section 18 of the Land Acquisition Act, 1894 was barred by limitation, and whether the appellant, as a subsequent transferee of the acquired land, can challenge the reference on the ground of limitation.
Final Decision
The appeal is dismissed. The reference court's award dated 21.01.2002 in Land Acquisition Case No.89/1991 is upheld.
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
- Subsequent transferee cannot challenge reference on limitation
- Reference court's findings on limitation are final and binding on transferee
