VidhiSangh

Supreme Court of India · 04/07/2018

VIJAY MAHADEORAO KUBADE versus STATE OF MAHARASHTRA THROUGH THE COLLECTOR

[2018] 7 S.C.R. 1105 · 2018 INSC 584

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Summary

The Supreme Court held that the landowner’s reference for enhancement of compensation was within limitation. The award notice had not enclosed the award, whose certified copy was received only on 3 February 1988; the reference followed on 9 February. Applying Premji Nathu, the Court set aside the High Court’s contrary limitation ruling and remanded the appeals for consideration of compensation on merits.

Issues

  1. Whether a notice unaccompanied by the award constituted effective notice for computing limitation for a land-acquisition reference.

Provisions considered

Held

Result

Appeals disposed of; High Court’s limitation ruling set aside and matters remanded for fresh consideration on merits, including compensation. Expeditious High Court disposal requested.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1105.