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
- Whether a notice unaccompanied by the award constituted effective notice for computing limitation for a land-acquisition reference.
Provisions considered
- Sections 12(2) and 18, Land Acquisition Act, 1894Applying Premji Nathu to the facts, the Court held that the notice without the award was not valid notice until receipt of its certified copy. The reference seeking enhancement was therefore not time-barred. (¶¶ 9, 10, 11)
Held
- The earlier notice was not accompanied by the award. Effective exercise of the right to seek a reference required access to it; in this case valid notice arose only when the certified copy was received on 3 February 1988. The ensuing reference was within limitation. (¶¶ 10, 11)
- The limitation ruling was set aside, leaving the High Court to determine the appeals afresh on merits, including the quantum of compensation. Expeditious disposal was requested because of the prolonged pendency. The connected appeals involving the same question were disposed of on the same basis. (¶¶ 12, 13, 17)
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.