9911796707
|
Home
Issues:
- Determination of the period for making an application for re-determination of compensation under Section 28-A of the Land Acquisition Act, 1894. Analysis: 1. The case involved a question regarding the starting point of the three-month period for making an application for re-determination of compensation under Section 28-A of the Land Acquisition Act, 1894. The issue was whether the period begins from the date of the original award under Section 11 or from the decision of any appeal preferred against the award. The Supreme Court examined the language of Section 28-A and concluded that the limitation period should be reckoned from the date of the award by the Court disposing of the reference under Section 18, not the appellate Court dealing with the appeal against the award of the reference court. 2. The Court referred to previous case law to support its interpretation. It cited judgments such as Babua Ram v. State of U.P., Union of India v. Karnail Singh, and Union of India v. Pradeep Kumari. These cases established that the limitation period for seeking re-determination of compensation must be computed from the date of the earliest award made by a Civil Court under Section 18, not from judgments rendered by appellate Courts. The Court noted that the applications in the present case were filed after the expiry of three months from the date of the award by the Court, making them time-barred. 3. The appellants raised questions regarding the interpretation of the term "award of the Court" in Section 28-A, specifically in relation to judgments and decrees of appellate courts. However, the Court clarified that the period of limitation starts from the date of the reference court's order, and applications filed beyond the prescribed period are time-barred. The Court found no need to refer the matter to a five-judge Bench and dismissed the appeals, emphasizing that the limitation period must be strictly adhered to as per the statutory provisions. 4. In conclusion, the Supreme Court upheld the view that applications for re-determination of compensation under Section 28-A must be made within three months from the date of the award by the Court disposing of the reference under Section 18. The Court dismissed the appeals as the applications in question were filed after the expiration of the prescribed limitation period, reiterating the importance of adhering to statutory timelines in such matters.
|
