IMPORTANT POINT
Notice of award u/s 12(2) will not be valid until accompanied by certified copy of the award.

JUDGMENT

N.V. Ramana, J.

Civil Appeal Nos.6003-6004/2018 (Arising out of SLP (C) Nos. 27516-27517/2014)

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 proposed to be acquired by the Divisional Controller, MSRTC Corporation, Amravati for construction of city service terminus at Amravati. Required Notification under Section 126 (4) of the MRTP Act, 1966 read with Section 6 of the Land Acquisition Act was published in the Government Gazette dated 05.12.1985. Thereafter the objections from the interested parties were heard by the Special Land Acquisition Officer, Zilla Parishad Works, Amravati. By a final order dated 30.11.1987, the Special Land Acquisition Officer, passed an award, wherein an amount of Rs. 5,83,366/- was payable by the respondent authorities to the appellant herein. On 21.12.1987, the predecessor interest of the appellant received a notice from the collector/Land Acquisition Officer informing them about the award being passed on 30.11.1987, which is reproduced as under-

You are hereby given notice that you are being treated as person interested in the above-mentioned case. In the said case on 30.11.1987, I, have pronounced the following Award under sub-section 1 of Section 11 of the 1894 Act.

(1)The area of the land is 704.31 sq. meters in plot No. 3.

(2)The amount of Rs. 2,58,849.00 as compensation be given for the land.

(3)The amount of compensation has been divided as follows:-

…..

…..

(2) The amount payable to you is Rs. 2,58,849.00. You personally or through authorized representative should remain present before me on 28.12.1987. You can receive the compensation under protest so that there is no impediment in your right to send reference to the Civil Court in respect of this case.

It may be noted that the actual award was not enclosed with the aforesaid notice and the predecessor interest of the appellant received the certified copy of the award only on 03.02.1988. On 09.02.1988, the predecessor interest of the appellant, aggrieved by the compensation awarded to him by the Special Land Acquisition Officer, filed a reference against the award for enhancement of compensation under Section 18 of the Land Acquisition Act. In the meantime, the predecessor interest of the appellant, had received the award amount under protest, that the reference for enhancement was pending.

4. The Reference Court (Court of Civil Judge), after hearing the parties concerned, partly allowed the reference and increased the compensation from Rs. 110/- per square meter to Rs. 210/- per square meter. It may not be out of context to note that respondent authority had not raised any issue on limitation.

5. Aggrieved, both parties, filed Cross appeals being First Appeal No. 116 of 1996 and First Appeal No. 31 of 1996 and the present matter was tagged along with various other similar petitions. The High Court by order dated, 07.10.2010, while remanding the matter back to the Reference Court on the issue of limitation, kept the matter pending before the High Court in the following manner-

On hearing the learned counsel for the parties and on perusal of the Record and proceedings along with the copy of Section 12(2) notices, which were sought to be produced by the learned Assistant Government Pleaders before this Court at the time of the arguments that it would be necessary in the interest of justice to refer the issue of limitation to the reference Court from whose judgments, the appeals are preferred by invoking the provisions of Order 41 Rule 25 of the Code of Civil Procedure, since the reference Court has omitted and failed to frame and try the issue of limitati