BIHAR STATE HOUSING BOARD versus STATE OF BIHAR AND.ORS.

BIHAR STATE HOUSING BOARD versus STATE OF BIHAR AND.ORS.

Limitation period under Section 11A starts from the last date of the three modes of publication under Section 6(2). The award dated 25.3.1992, made after local publication on 15.3.1991, was within the prescribed period.

Parties
Appellant: Bihar State Housing Board; Respondent: State of Bihar; Respondent: Landowner (Respondent No. 5)
Jurisdiction
India
Judgment Date
05 September 2003
Procedural Posture
Civil Appeal / Supreme Court Final Decision
Outcome
Appeal allowed
Legal Topics
Period of Limitation Under Section 11 a, Modes of Publication Under Section 6(2), Computation of Limitation Period
Land Acquisition Period of Limitation Under Section 11 a Modes of Publication Under Section 6(2) Computation of Limitation Period

Case Brief

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Parties

Bihar State Housing Board

Appellant

State of Bihar

Respondent

Landowner (Respondent No. 5)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether the award made under Section 11A of the Land Acquisition Act, 1894 is barred by limitation when reckoning from different modes of publication under Section 6(2)

Ratio Decidendi

Limitation period under Section 11A starts from the last date of the three modes of publication under Section 6(2). The award dated 25.3.1992, made after local publication on 15.3.1991, was within the prescribed period.

Court Disposition

Appeal allowed

Orders

  • Judgments of Single Judge, Division Bench, and review application of Patna High Court are set aside
  • No order as to costs