IMPORTANT POINT
Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The Court has no power to extend the period of limitation on equitable grounds. The statutory provision may cause hardship or inconvenience to a particular party but the Court has no choice but to enforce it giving full effect to the same.

Judgment :-

Dr. B.S. Chauhan, J.

1. These appeals have been preferred against the judgment and order dated 25.1.2012 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 2140-44 of 2009, wherein the High Court has upheld the judgment of the Land Acquisition Collector rejecting the application under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act’) on the ground of limitation.

2. Facts and circumstances giving rise to these appeals are that:

A. The land of the appellants stood notified under Sections 4 and 6 of the Act in 1994-95. Award in respect of the said land was also made on 14.12.1995.

B. Appellants did not file applications under Section 18 of the Act rather some other “interested persons” whose land was also covered by the same notification under Section 4 of the Act filed references and one such reference, i.e. L.A.R. No. 314 of 1999 was decided on 3.4.2006.

C. For the purpose of filing application under Section 28A of the Act, counsel for the appellants applied for a certified copy of the Court award on 17.5.2006, and though the copy of the said award was ready for delivery on 29.5.2006, it was obtained by learned counsel for the appellants only on 3.6.2006. Application for re-determination of the amount of compensation was filed on 18.7.2006 by the appellants, on the basis of the said Court’s award.

D. The Special Land Acquisition Collector vide order dated 22.9.2008, rejected the said application on the ground that the same was filed with a delay of 4 days.

E. Aggrieved, the appellants challenged the said order before the High Court. The same stood dismissed vide impugned judgment and order dated 25.1.2012.

Hence, these appeals.

3. Shri Gaurav Agarwal, learned counsel appearing on behalf of the appellants has submitted that Section 28-A of the Act was inserted by amendment in 1987 and being a beneficial legislation it should be interpreted liberally and period of limitation should be considered and determined on all equitable grounds. It is well-neigh possible for any person to file an appeal without having knowledge of the order/award and therefore, the limitation should be counted from the date of acquisition of knowledge of the Court award. More so, the delay was only of two days and certainly not of four days. In order to fortify his case Shri Gaurav Agarwal has placed reliance upon the judgments of this Court in Bhagwan Das & Ors. v. State of U.P. & Ors., AIR 2010 SC 1532; and Premji Nathu v. State of Gujarat & Anr., AIR 2012 SC 1624.

4. Ms. Madhavi Divan, learned counsel appearing on behalf of the respondents, has opposed the appeal contending that personal inconvenience or hardship of an individual cannot be a consideration for interpreting statutory provisions in case the language of the statute is plain and unambiguous. It is to be given only strict literal interpretation. In the instant case, there is no ambiguity so far as the statutory provisions are concerned. Therefore, limitation is to be taken as prescribed under the statute. In support of her case Ms. Madhavi Divan has placed reliance upon the judgments of this Court in Tota Ram v. State of U.P. & Ors., (1997) 6 SCC 280; Union of India & Ors. etc. v. Mangatu Ram etc., AIR 1997 SC 2704; State of A.P. & Anr. v. Marri Venkaiah & Ors., AIR 2003 SC 2949; Des Raj (deceased by L.Rs.) & Anr. v. Union of India & Anr., AIR 2004 SC 5003; and State of Orissa & Ors. v. Chitrasen Bhoi, (2009) 17 SCC 74.

5. We have considered the rival submissions made by learned counsel for the parties and perused the records.

The sole question for the consideration of the court is whether limitation for filing the application for re-determination of the compensation under Section 28A of the Act would commence from the date of the award or from the date of knowledge of the court’s award on the basis of which such application is being filed.

6. Though, there is nothing on record to substantiate the appellants’ claim that they could acquire t