Case Note & Summary
This appeal arises from the dismissal of Land Acquisition Reference No. 241/1997 (Old LAR No. 338/1992) by the reference court on 01.02.2017 on the ground that the reference was not filed within six weeks from the date of the Collector's award. The appellants, original claimants, had their land acquired for a canal project. The Collector passed the award on 30.11.1990, and the claimants filed a reference on 30.01.1991, which was within two months. The reference court dismissed it as barred by limitation. The appellants argued that the reference was within limitation and that the respondents had taken a vague plea of limitation without specifying the starting date. The respondents contended that there is no provision for condonation of delay and that the reference was not filed within six weeks. The High Court examined the facts and found that the award was passed on 30.11.1990 and the reference was filed on 30.01.1991, which is within six weeks. The court noted that the period of limitation under Section 18 of the Land Acquisition Act, 1894 is six weeks from the date of the award if the party was present or represented. Since the reference was filed within that period, the dismissal was erroneous. The court allowed the appeal, set aside the impugned order, and remanded the matter to the reference court for fresh consideration on merits.
Headnote
A) Land Acquisition - Limitation for Reference - Section 18 of Land Acquisition Act, 1894 - The period of limitation for filing a reference under Section 18 is six weeks from the date of the Collector's award if the party was present or represented at the time of the award. In this case, the award was passed on 30.11.1990 and the reference was filed on 30.01.1991, i.e., within two months. The court held that the reference was within limitation as the period of six weeks had not expired. The dismissal by the reference court on the ground of limitation was set aside. (Paras 1-8)
Issue of Consideration
Whether the reference under Section 18 of the Land Acquisition Act, 1894 was filed within the period of limitation when the award was passed on 30.11.1990 and the reference was filed on 30.01.1991
Final Decision
Appeal allowed. Impugned order dated 01.02.2017 passed by the reference court is set aside. The matter is remanded to the reference court for fresh consideration on merits. Parties to appear before the reference court on 10.09.2018.
Law Points
- Limitation for reference under Section 18 of Land Acquisition Act
- 1894 starts from date of award if party present or represented
- reference filed within two months is within six weeks period
- vague plea of limitation without specifying starting date is insufficient
