VidhiSangh

Supreme Court of India · 12/12/2022

MANHARLAL SHIVLAL PANCHAL & OTHERS versus THE DEPUTY COLLECTOR & SPECIAL LAND ACQUISITION OFFICER & OTHERS

[2022] 18 S.C.R. 343 · 2022 INSC 1272

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Summary

Land near Surat was acquired for a Reliance gas compressor station, with compensation awarded at Rs 69 per sq. m. The award was served on 25 April 2011. The owners challenged the acquisition and award in writ proceedings. The Gujarat High Court dismissed the petition but reserved liberty to seek enhancement, and the SLP was dismissed on 11 April 2013. The owners sought a reference under Section 18 on 1 July 2013. The Reference Court rejected it as time-barred, and the High Court agreed. The Supreme Court remitted the reference for decision on merits within nine months. The liberty granted, and the filing within six months of the end of the challenge, meant the reference could not be rejected as time-barred. This was not a case of condoning delay under Section 5 of the Limitation Act.

Issues

  1. Whether a reference under Section 18 of the Land Acquisition Act, 1894, filed within six months of the dismissal of the landowners' challenge to the acquisition and in terms of liberty reserved by the High Court, could be rejected as barred under Section 18(2).

Provisions considered

Held

Result

Civil Appeal No. 9004 of 2022 allowed without costs; the Gujarat High Court judgment dated 10.03.2022 in Regular First Appeal No. 492 of 2022 and the Reference Court's order dated 20.10.2021 set aside, and the reference remitted for decision on merits within nine months.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 343.