Case Note & Summary
The petitioner, Mrs. Zainabi, challenged the orders dated 14th May 2010 and 15th June 2012 passed by the Special Land Acquisition Officer, Bangalore Development Authority, dismissing her application under Section 28A of the Land Acquisition Act, 1894 as time-barred. Her land measuring 1 acre 34 guntas in Survey No.87/3 at Alahalli Village was acquired for the BDA. The Special Land Acquisition Officer held that the application was not presented within the ninety-day limitation period. The High Court, after considering the facts, found no merit in the petition and dismissed it, affirming that the limitation period under Section 28A is mandatory.
Headnote
A) Land Acquisition - Limitation - Section 28A of the Land Acquisition Act, 1894 - Redetermination of Compensation - The petitioner's application under Section 28A was dismissed by the Special Land Acquisition Officer as not presented within the prescribed period of ninety days. The court upheld the dismissal, holding that the limitation period is mandatory and cannot be extended. (Paras 1-3)
Issue of Consideration
Whether the application filed under Section 28A of the Land Acquisition Act, 1894 was within the prescribed period of limitation of ninety days.
Final Decision
The writ petition is dismissed. The orders of the Special Land Acquisition Officer rejecting the application as time-barred are upheld.
Law Points
- Limitation period under Section 28A of the Land Acquisition Act
- 1894 is mandatory
- Section 28A application must be filed within 90 days from the date of award
- Court cannot condone delay beyond prescribed period
- Rejection of application as time-barred is justified
Case Details
2013 LawText (KAR) (04) 5
W.P.No.14062 of 2013 (LA-BDA)
B.G. Nanjundaradhya for petitioner, B.B. Patil & Assts. for respondents
The Special Land Acquisition Officer, Bangalore Development Authority & Another
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Nature of Litigation
Writ petition challenging orders dismissing application under Section 28A of the Land Acquisition Act, 1894 as time-barred.
Remedy Sought
Petitioner sought to quash the orders dated 14.05.2010 and 15.06.2012 and to direct the respondents to consider her application for redetermination of compensation on merits.
Filing Reason
The petitioner's application under Section 28A was dismissed as not presented within the prescribed period of ninety days.
Previous Decisions
The Special Land Acquisition Officer passed orders on 14.05.2010 and 15.06.2012 dismissing the application as time-barred.
Issues
Whether the application under Section 28A of the Land Acquisition Act, 1894 was filed within the limitation period of ninety days.
Submissions/Arguments
Petitioner argued that the application was within time or that delay should be condoned. Respondents contended that the application was clearly beyond the ninety-day period and the limitation is mandatory.
Ratio Decidendi
The limitation period of ninety days under Section 28A of the Land Acquisition Act, 1894 for filing an application for redetermination of compensation is mandatory and cannot be extended. The court has no power to condone delay beyond the prescribed period.
Judgment Excerpts
In this Writ Petition, petitioner is calling in question the order dated 14th May 2010 produced at Annexure-K and the order dated 15th June 2012 produced at Annexure-M passed by the Special Land Acquisition Officer...
By the said orders, the Special Land Acquisition Officer has held that the application filed by the petitioner under Section 28A of the Land Acquisition Act, 1894 was liable to be dismissed as it was not presented within the prescribed period of limitation of ninety days.
Procedural History
The petitioner's land was acquired by the State for BDA. The petitioner filed an application under Section 28A of the Land Acquisition Act, 1894 for redetermination of compensation. The Special Land Acquisition Officer dismissed the application as time-barred by orders dated 14.05.2010 and 15.06.2012. The petitioner then filed the present writ petition challenging those orders.
Acts & Sections
- Land Acquisition Act, 1894: Section 28A
