Case Note & Summary
The case involves two civil revision applications filed by Pravin Madhukar Thakare and Madhukar Tukaram Thakare against the State of Maharashtra and other respondents. The applicants' land was acquired under the Land Acquisition Act, 1894, and an award was passed on 10/05/2004. Dissatisfied with the compensation, they filed reference proceedings under Section 18 of the Act on 07/08/2004. The reference court dismissed the proceedings as barred by limitation. The applicants challenged this order in the High Court. The High Court noted that an identical challenge in Civil Revision Application No.84/2016 had been decided on 17/07/2017, where it was held that the order refusing to condone delay was legally correct, but the matter was remanded for fresh adjudication with the condition that the claimant would not be entitled to interest from the date of award till the date of decision of the civil revision application. The applicants argued that the notice to collect compensation was received on 02/08/2004, making the reference within limitation, and that no written statement was filed by the respondents. The respondents opposed, arguing that the reference court had no power to condone delay. The High Court, following its earlier decision, allowed the revision applications, set aside the impugned order, and remanded the matters to the reference court for fresh adjudication, with the condition that the applicants would not be entitled to interest for the period from the date of award till the date of the High Court's decision.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18 of Land Acquisition Act, 1894 - The reference court dismissed the proceedings as barred by limitation, but the High Court held that the order refusing to condone delay was legally correct, yet remanded the matter for fresh adjudication with the condition that the claimant would not be entitled to interest from the date of award till the date of decision of the civil revision application. (Paras 1-3)
B) Land Acquisition - Interest - Disentitlement - Section 18 of Land Acquisition Act, 1894 - The High Court directed that the claimant would not be entitled to interest for the period from the date of award till the date of decision of the civil revision application, as a condition for remand. (Para 2)
Issue of Consideration
Whether the reference proceedings under Section 18 of the Land Acquisition Act, 1894 were barred by limitation and whether the court can condone the delay and remand the matter for fresh adjudication.
Final Decision
The High Court allowed the civil revision applications, set aside the impugned order of the reference court, and remanded the matters to the reference court for fresh adjudication. It directed that the applicants would not be entitled to interest from the date of award (10/05/2004) till the date of decision of the civil revision application (29/01/2018).
Law Points
- Limitation for reference under Section 18 of Land Acquisition Act
- 1894
- Power of Reference Court to condone delay
- Interest disentitlement for delayed filing
Case Details
2018 LawText (BOM) (01) 139
Civil Revision Application No.81 of 2016 and Civil Revision Application No.82 of 2016
Shri Shrikant Saoji for applicants, Ms Geeta Tiwari for non-applicant Nos.1 & 2, Shri M. A. Kadu for non-applicant No.3
Pravin s/o Madhukar Thakare and Madhukar s/o Tukaram Thakare
The State of Maharashtra, Land Acquisition Officer, Executive Engineer
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Nature of Litigation
Civil revision applications challenging dismissal of reference proceedings under Section 18 of Land Acquisition Act, 1894 as barred by limitation.
Remedy Sought
The applicants sought to set aside the order of the reference court dismissing their reference as barred by limitation and to have the reference heard on merits.
Filing Reason
The applicants' land was acquired, and they were dissatisfied with the compensation awarded. They filed reference proceedings under Section 18 of the Land Acquisition Act, 1894, which were dismissed as barred by limitation.
Previous Decisions
The reference court dismissed the proceedings as barred by limitation. The High Court in an earlier similar matter (Civil Revision Application No.84/2016) had held that the order refusing to condone delay was legally correct but remanded the matter for fresh adjudication with a condition regarding interest.
Issues
Whether the reference proceedings under Section 18 of the Land Acquisition Act, 1894 were barred by limitation.
Whether the court can condone the delay and remand the matter for fresh adjudication.
Submissions/Arguments
Applicants argued that notice to collect compensation was received on 02/08/2004, making the reference within limitation, and no written statement was filed by respondents.
Respondents argued that if reference is barred by limitation, there is no power to condone delay, and the applicant admitted notice was received.
Ratio Decidendi
The High Court followed its earlier decision in a similar matter, holding that while the order refusing to condone delay was legally correct, the interests of justice warranted a remand for fresh adjudication, with the condition that the claimant would not be entitled to interest for the delayed period.
Judgment Excerpts
The land of the applicants came to be acquired pursuant to proceedings initiated under Land Acquisition Act, 1894... The award came to be passed on 10/05/2004.
This Court by judgment dated 17/07/2017 though held that the order refusing to condone delay by the Reference Court was legally correct, the proceedings are remanded to the reference Court for deciding the same afresh with the condition that the claimant would not be entitled for interest from the date of the award till the date of decision of civil revision application.
Procedural History
Award passed on 10/05/2004. Reference filed on 07/08/2004. Reference court dismissed as barred by limitation. Applicants filed civil revision applications in High Court. High Court decided on 29/01/2018, allowing the revisions and remanding for fresh adjudication.
Acts & Sections
- Land Acquisition Act, 1894: Section 18
