THE LAND ACQUISITION OFFICER versus SHIVABAI AND ORS.

THE LAND ACQUISITION OFFICER versus SHIVABAI AND ORS.

Claimants who receive compensation under protest and make application under Section 18(1) alone are entitled to seek reference; claimants present on date of award who receive compensation without protest cannot seek reference. Reference made under these circumstances is without jurisdiction and barred by limitation.

Parties
Appellant: THE LAND ACQUISITION OFFICER; Respondent: SHIVABAI; Respondent: Respondents 2-103; Respondent: Mrs. Sangeeta Kumar
Jurisdiction
India
Judgment Date
04 April 1997
Procedural Posture
Civil Appeal / Supreme Court (appeal by Special Leave From High Court Judgment)
Outcome
appeal allowed
Legal Topics
Reference Under Land Acquisition Act, Compensation, Limitation, Service of Notice, Jurisdiction
Land Acquisition Reference Under Land Acquisition Act Compensation Limitation Service of Notice Jurisdiction

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Parties

THE LAND ACQUISITION OFFICER

Appellant

SHIVABAI

Respondent

Respondents 2-103

Respondent

Mrs. Sangeeta Kumar

Respondent

Procedural Posture

Civil Appeal / Supreme Court (appeal by Special Leave From High Court Judgment)

Legal Issues

  1. 1 Whether reference under Section 18 of the Land Acquisition Act was within limitation
  2. 2 Whether claimants who received compensation without protest can seek reference
  3. 3 Whether award or notice of award must be served for limitation to begin

Ratio Decidendi

Claimants who receive compensation under protest and make application under Section 18(1) alone are entitled to seek reference; claimants present on date of award who receive compensation without protest cannot seek reference. Reference made under these circumstances is without jurisdiction and barred by limitation.

Court Disposition

appeal allowed

Orders

  • Judgment and award of the reference court and High Court set aside
  • No costs