SINGARENI COLLIERIES CO. LTD. versus VEMUGANTI RAMAKRISHAN RAO & ORS.

SINGARENI COLLIERIES CO. LTD. versus VEMUGANTI RAMAKRISHAN RAO & ORS.

Section 11A of the Land Acquisition Act does not provide for exclusion of the time taken to obtain a certified copy of the judgment or order by which stay is granted or vacated; only the period during which the acquisition proceedings are actually stayed is excluded for the purpose of computation of limitation. The doctrine of casus omissus does not allow courts to read into Section 11A any such additional exclusion. Therefore, the award passed after the lapse of the prescribed period is invalid and the acquisition proceedings lapse as against the respondents/writ petitioners.

Parties
Appellant: Singareni Collieries Co. Ltd.; Respondents: Vemuganti Ramakrishan Rao & Ors.
Jurisdiction
India
Judgment Date
29 August 2013
Procedural Posture
Civil Appeal / Appeal From Andhra Pradesh High Court; Decision on Appeal
Outcome
Appeals dismissed
Legal Topics
Statutory Limitation, Computation of Limitation Period, Doctrine of Casus Omissus, Interpretation of Statutes
Land Acquisition Statutory Limitation Computation of Limitation Period Doctrine of Casus Omissus Interpretation of Statutes

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Parties

Singareni Collieries Co. Ltd.

Appellant

Vemuganti Ramakrishan Rao & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Andhra Pradesh High Court; Decision on Appeal

Legal Issues

  1. 1 Whether the time taken to obtain a certified copy of the stay order/judgment vacating stay can be excluded for the purposes of limitation under Section 11A of the Land Acquisition Act, 1894
  2. 2 Whether Section 12 of the Limitation Act, 1963 applies to computation of limitation for making an award under the Land Acquisition Act
  3. 3 Whether the doctrine of casus omissus can be applied to read into Section 11A a provision for exclusion of time taken to obtain certified copies of orders

Ratio Decidendi

Section 11A of the Land Acquisition Act does not provide for exclusion of the time taken to obtain a certified copy of the judgment or order by which stay is granted or vacated; only the period during which the acquisition proceedings are actually stayed is excluded for the purpose of computation of limitation. The doctrine of casus omissus does not allow courts to read into Section 11A any such additional exclusion. Therefore, the award passed after the lapse of the prescribed period is invalid and the acquisition proceedings lapse as against the respondents/writ petitioners.

Court Disposition

Appeals dismissed

Orders

  • High Court declaration that award and acquisition proceedings have lapsed are affirmed, but only as regards writ petitioner respondents.
  • No order as to costs.