Vijay Mahadeorao Kubade vs State of Maharashtra through the Collector

Court

Supreme Court of India

Date

4 July 2018

Case No.

Civil Appeal Nos. 6003-6004 of 2018

Result

Disposed

Bench

N.V. Ramana, Mohan M. Shantanagoudar

Citation

[2018] 7 S.C.R. 1105 : 2018 INSC 584

Headnote

Land Acquisition Act, 1894 – s.12(2) – Effective notice of the award – Land acquisition – Passing of the award – Copy of award not sent to land owner along with the notice dated 04.12.1987 of the award – Land owner received certified copy of the award on 03.02.1988 – Thereafter, on 09.02.1988 the land owner filed reference against award for enhancement of compensation – Issue raised as to limitation – Reference Court held the Reference to be within limitation – However, High Court held the Reference to be barred by limitation – On appeal, held: There could not have been a valid notice of the award, by letter dated 04.12.1987, u/s. 12(2), until the land owner received a certified copy of the award, which he did on 03.02.1988 – Thus, the reference for enhancement filed on 09.02.1988 not barred by limitation – Order of the High Court concerning the point of limitation set aside.

Disposing of the appeals, the Court

HELD: The notice dated 04.12.1987, was not accompanied with the award. In the instant case, there could not have been a valid notice of the award, by letter dated 04.12.1987, under subsection (2) of Section 12 of the Land Acquisition Act, until the appellant received a certified copy of the award, which he did on 03.02.1988. Therefore, the reference for enhancement was, accordingly, not barred by limitation. The order of the High Court concerning the point of limitation is set aside and the matters are remanded back for fresh consideration on merits of the case inter alia, as to the quantum of compensation. [Para 11, 12] [1110-E, F]

Premji Nathu v. State of Gujarat and Anr. [2012] 3 SCR 1042 : (2012) 5 SCC 250 – relied on.

The Judgment of the Court was delivered by N. V. RAMANA, J. Civil Appeal Nos.6003-6004/2018 (Arising out of SLP (C) Nos. 27516-27517/2014) 1. Leave granted. 2. These appeals are filed against the final judgment and order dated 14.07.2014, passed by the High Court of Judicature at Bombay (Nagpur Bench) in First Appeal No. 116 of 1996 and First Appeal No. 31 of 1996. 3. A brief reference to facts of the case may be necessary for the disposal of this case. The predecessor interest of the appellant herein was the owner of the property in dispute. In the year 1985, the disputed land, was prop

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