Case Note & Summary
The acquiring body, the Executive Engineer of Jalna Minor Irrigation Division, filed writ petitions challenging awards passed under Section 28A of the Land Acquisition Act, 1894, by the Deputy Collector and Special Land Acquisition Officer, Jalna. These awards re-determined compensation for lands acquired for the Kasura Large Minor Irrigation Project at village Shrishti. The original awards under Section 11 were made earlier, and some claimants had sought reference under Section 18, leading to a Court award dated 14.10.2011 by the Third Joint Civil Judge, Senior Division, Jalna. Pursuant to that Court award, nine claimants filed applications under Section 28A on 13.01.2012, within the limitation period after excluding time for obtaining certified copy. However, 32 other claimants filed their applications on 31.01.2012 without certified copies and without having applied for such copies. The acquiring body contended that these applications were time-barred. The High Court examined the admitted dates and the provision of Section 28A, which requires applications within three months from the date of the Court's award, excluding time for obtaining certified copy. The proviso allows exclusion only when an application for certified copy is made. Since the 32 claimants did not apply for the copy, the limitation ran from 15.10.2011 and expired on 14.01.2012. Their applications on 31.01.2012 were thus beyond limitation. The Court held that the awards based on those time-barred applications were invalid. Consequently, the writ petitions were allowed and the impugned awards under Section 28A were quashed.
Headnote
A) Land Acquisition - Re-determination of Compensation - Limitation - Land Acquisition Act, 1894, Section 28A - The applications under Section 28A filed by 32 claimants on 31.01.2012 were not accompanied by certified copies of the Court's award dated 14.10.2011 and the claimants had not applied for certified copies. The proviso to Section 28A permits exclusion of time only where an application for certified copy is made. Since the applications were filed beyond the three-month limitation period from 15.10.2011 (i.e., by 14.01.2012), they were time-barred. Held that the awards passed on such applications were invalid and liable to be quashed. (Paras 8-11)
Issue of Consideration
Whether the applications under Section 28A of the Land Acquisition Act, 1894 filed by the 32 claimants were within the prescribed limitation period of three months from the date of the Court's award dated 14.10.2011, considering that the claimants did not apply for the certified copies of the award.
Final Decision
The applications under Section 28A filed by the 32 claimants were held to be time-barred. The writ petitions were allowed and the awards dated 30.06.2013 passed by the Deputy Collector, Land Acquisition, under Section 28A were quashed.
Law Points
- Legal points not extracted
- Limitation period of three months from date of Court's award under Section 28A(1) of the Land Acquisition Act
- 1894
- Exclusion of time for obtaining certified copy available only when application for certified copy is made
- Applications under Section 28A must be accompanied by certified copy or proof of application for certified copy
- Filing application beyond limitation without seeking certified copy renders award under Section 28A voidable
Case Details
2026 LawText (BOM) (06) 227
Writ Petition No. 5754 of 2016 along with connected petitions Nos. 5755/2016 to 5785/2016
B.R. Surwase (for petitioner), D.S. Jape Ansingkar (AGP for respondents 1-3), A.B. Kale and R.K. Shingnapure (for respondent no.4), Brijesh P. Patil (SDO, Partur), Keshav Natke (SDO, Jalna)
The Executive Engineer, Jalna Minor Irrigation Division, Jalna, District Jalna (under GMIDC, Aurangabad)
State of Maharashtra through Principal Secretary, Revenue and Forest Department, The Collector, Jalna, The Deputy Collector and Special Land Acquisition Officer, Krushna Khore, Jalna, and 32 individual land owners (farmers from Shrishti, Taluka Partur, District Jalna)
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging awards passed under Section 28A of the Land Acquisition Act, 1894 on grounds of limitation
Remedy Sought
The acquiring body sought a writ of certiorari to quash and set aside the award dated 30.06.2013 passed by the Deputy Collector, Land Acquisition, Krushna Khore, Jalna, in favour of the claimants/respondents under Section 28A, and to stay the award pending hearing.
Filing Reason
The acquiring body contended that the applications under Section 28A filed by the 32 claimants were barred by limitation as they were submitted beyond the prescribed three-month period and without any certified copy or proof of application for certified copy.
Previous Decisions
The original Collector's award under Section 11 was passed in respect of lands acquired. Some claimants sought reference under Section 18, leading to a Court award dated 14.10.2011 by the Third Joint Civil Judge, Senior Division, Jalna in LAR No.113/2010. Nine claimants filed timely applications under Section 28A on 13.01.2012. The Deputy Collector passed the impugned awards under Section 28A on 30.06.2013 in favour of the 32 claimants.
Issues
Whether the applications under Section 28A of the Land Acquisition Act, 1894 filed by the 32 claimants on 31.01.2012 were within the limitation period of three months from 14.10.2011, given that they neither applied for nor attached certified copies of the Court's award.
Submissions/Arguments
The petitioner/acquiring body argued that the applications were time-barred as they were filed beyond the three-month limitation period and did not comply with the requirement of seeking certified copies.
The respondents/claimants contended that the applications were maintainable and that the limitation period should be computed liberally, relying on various precedents.
Ratio Decidendi
Under Section 28A of the Land Acquisition Act, 1894, an application for re-determination of compensation must be filed within three months from the date of the Court's award. The proviso allows exclusion of the time taken to obtain a certified copy only if an application for such copy has been made. Failure to apply for the certified copy disentitles the claimant to the benefit of exclusion, and the application filed beyond the limitation period is not sustainable.
Judgment Excerpts
the issue raised in these petitions for my determination, turns on the aspect of limitation which is an inbuilt provision under Section 28A of the Land Acquisition Act, 1894.
It is conceded that none of these 32 claimants moved an application for seeking certified copy of the judgment dated 14.10.2011, under the proviso to Section 28A.
Procedural History
Lands were acquired for the Kasura Large Minor Irrigation Project. The Collector passed an award under Section 11. Some claimants sought reference under Section 18, resulting in a Court award dated 14.10.2011 by the Third Joint Civil Judge, Senior Division, Jalna. Nine claimants filed timely applications under Section 28A on 13.01.2012. Thirty-two other claimants filed applications on 31.01.2012 without certified copies or proof of application for such copies. The Deputy Collector, Land Acquisition, passed awards under Section 28A on 30.06.2013 in favour of those 32 claimants. The acquiring body, being aggrieved, filed the present writ petitions challenging those awards on grounds of limitation.
Acts & Sections
- Land Acquisition Act, 1894: Section 11, Section 18, Section 28A
