TOTA RAM versus STATE OF U.P. AND ORS.

TOTA RAM versus STATE OF U.P. AND ORS.

The period of limitation under Section 28-A of the Land Acquisition Act, 1894 is to be computed from the date of the award of the Reference Court, and only the time required to obtain a certified copy of the award is to be excluded. The plea that limitation begins from the date of knowledge is unsustainable.

Parties
Petitioner: Tota Ram; Respondent: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
09 July 1997
Procedural Posture
Special Leave Petition (civil) / Dismissal of SLP
Outcome
Petition dismissed
Legal Topics
Limitation for Application Under Section 28 a, Computation of Limitation Period, Exclusion of Time for Certified Copy
Land Acquisition Limitation for Application Under Section 28 a Computation of Limitation Period Exclusion of Time for Certified Copy

Case Brief

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Parties

Tota Ram

Petitioner

State of U.P. and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal of SLP

Legal Issues

  1. 1 Whether limitation for application under Section 28-A of the Land Acquisition Act, 1894 begins from the date of knowledge or from the date of the award by the Reference Court

Ratio Decidendi

The period of limitation under Section 28-A of the Land Acquisition Act, 1894 is to be computed from the date of the award of the Reference Court, and only the time required to obtain a certified copy of the award is to be excluded. The plea that limitation begins from the date of knowledge is unsustainable.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition is dismissed