MAHADEO BAJIRAO PATIL versus STATE OF MAHARASHTRA AND ORS.

MAHADEO BAJIRAO PATIL versus STATE OF MAHARASHTRA AND ORS.

A telegram sent to the appellant, informing him of the declaration and rejection of compensation, constituted valid notice under Section 12(2) of the Act. Therefore, limitation for reference was six weeks from receipt of notice, not six months from date of knowledge. Application made after this period is barred by limitation, and neither the Court nor Land Acquisition Officer has power to condone delay for Section 18 applications.

Parties
Appellant: Mahadeo Bajirao Patil; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
06 September 2005
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Limitation for Reference, Notice of Award, Compensation Eligibility for Lessees, Condonation of Delay
Land Acquisition Limitation for Reference Notice of Award Compensation Eligibility for Lessees Condonation of Delay

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Parties

Mahadeo Bajirao Patil

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment

Legal Issues

  1. 1 Whether application under Section 18 of Land Acquisition Act was barred by limitation
  2. 2 Whether a 'nil award' under Section 11 constitutes an award for purposes of reference
  3. 3 Eligibility of lessee for compensation under land acquisition

Ratio Decidendi

A telegram sent to the appellant, informing him of the declaration and rejection of compensation, constituted valid notice under Section 12(2) of the Act. Therefore, limitation for reference was six weeks from receipt of notice, not six months from date of knowledge. Application made after this period is barred by limitation, and neither the Court nor Land Acquisition Officer has power to condone delay for Section 18 applications.

Court Disposition

Appeal dismissed

Orders

  • Application under Section 18 filed after six weeks was barred by limitation
  • No power of condonation of delay in such applications under Section 18