MADAN & ANR. versus STATE OF MAHARASHTRA

MADAN & ANR. versus STATE OF MAHARASHTRA

Where a party has no knowledge of the Collector's award due to pending apportionment proceedings under Section 30 of the Land Acquisition Act, the limitation period for seeking reference under Section 18 commences from the date the party becomes entitled to and aware of their right to compensation. Reference filed...

Source-derived case information.

Parties
Appellant: Madan & Anr.; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
06 December 2013
Procedural Posture
Civil Appeal / Appeal Against High Court Decision Reversing Enhanced Compensation Awarded by Reference Court
Outcome
Appeal allowed; High Court order set aside; Reference Court's award of enhanced compensation restored.
Legal Topics
Limitation for Reference Under Land Acquisition Act Section 18, Apportionment of Compensation, Knowledge of Award Under Land Acquisition Act, Distinction Between Sections 18 and 30 of Land Acquisition Act
Land Acquisition Civil Procedure Limitation for Reference Under Land Acquisition Act Section 18 Apportionment of Compensation Knowledge of Award Under Land Acquisition Act Distinction Between Sections 18 and 30 of Land Acquisition Act

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Parties

Madan & Anr.

Appellant

State of Maharashtra

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Decision Reversing Enhanced Compensation Awarded by Reference Court

Legal Issues

  1. 1 Whether the reference under Section 18 of the Land Acquisition Act, 1894 was barred by limitation in the present case
  2. 2 Interpretation of 'the date of the award' under proviso (b) to Section 18(2) of the Land Acquisition Act, 1894 in context of knowledge/communication to parties
  3. 3 Relationship and distinction between references under Section 18 and Section 30 of the Land Acquisition Act

Ratio Decidendi

Where a party has no knowledge of the Collector's award due to pending apportionment proceedings under Section 30 of the Land Acquisition Act, the limitation period for seeking reference under Section 18 commences from the date the party becomes entitled to and aware of their right to compensation. Reference filed within six weeks from such knowledge is within limitation.

Court Disposition

Appeal allowed; High Court order set aside; Reference Court's award of enhanced compensation restored.

Orders

  • Order dated 09.09.2008 passed by the High Court set aside.
  • Order dated 29.10.1993 of the Second Additional District Judge in L.A.R. No. 75/1992 restored.