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Bombay High Court
TULZAPURKAR,SAWANT
Mangilal Jawanmal - Appellant
Versus
Spl.Land Acquisition Officer (I), Thana - Respondent
Decided On : 08/29/1977
The Bombay High Court held that the period of limitation for filing an application for reference to the Civil Court under Section 18(2) of the Land Acquisition Act, 1894, commences from the date of receipt of effective notice of the essential contents of the award by the claimants, including the reasons or basis on which the quantum of compensation has been fixed and other particulars.
Fact of the Case:
The petitioners were the owners of a plot of land acquired by the State Government for the purpose of a police station. They were aggrieved by the compensation awarded by the Special Land Acquisition Officer and filed an application for reference to the Civil Court under Section 18(1) of the Land Acquisition Act, 1894. The Special Land Acquisition Officer rejected the application on the ground that it was barred by limitation. The petitioners challenged the order of the Special Land Acquisition Officer before the Joint Judge, who also dismissed the reference on the ground that it was not maintainable as the application for reference was barred by limitation.
Finding of the Court:
The High Court held that the period of limitation for filing an application for reference to the Civil Court under Section 18(2) of the Land Acquisition Act, 1894, commences from the date of receipt of effective notice of the essential contents of the award by the claimants, including the reasons or basis on which the quantum of compensation has been fixed and other particulars. The Court held that the notice under Section 12(2) of the Act, which merely informs the claimants of the total area acquired, the total quantum of compensation, and its apportionment among the claimants, does not constitute effective notice of the essential contents of the award. The Court further held that the petitioners' application for reference was within the prescribed period of limitation as it was filed within six weeks from the date they received a copy of the award.
Issues: 1. Whether the period of limitation for filing an application for reference to the Civil Court under Section 18(2) of the Land Acquisition Act, 1894, commences from the date of receipt of the notice under Section 12(2) of the Act or from the date of receipt of effective notice of the essential contents of the award. 2. Whether the notice under Section 12(2) of the Act, which merely informs the claimants of the total area acquired, the total quantum of compensation, and its apportionment among the claimants, constitutes effective notice of the essential contents of the award.
Ratio Decidendi: 1. The period of limitation for filing an application for reference to the Civil Court under Section 18(2) of the Land Acquisition Act, 1894, commences from the date of receipt of effective notice of the essential contents of the award by the claimants, including the reasons or basis on which the quantum of compensation has been fixed and other particulars. 2. The notice under Section 12(2) of the Act, which merely informs the claimants of the total area acquired, the total quantum of compensation, and its apportionment among the claimants, does not constitute effective notice of the essential contents of the award.
Final Decision: The High Court made the rule absolute in terms of prayer (a) and remanded the matter back to the trial Court for disposal of the reference according to law. The Court also made the rule absolute in terms of prayer (b) in Civil Revision Application No. 783 of 1975 and remanded the matter back to the trial Court for disposal of the reference according to law. In Civil Revision Application No. 736 of 1975, the Court made the rule absolute and set aside the Collector's order dated 31-5-1975 rejecting the reference application. The Court directed the Collector to make the reference to the Civil Court.
TULZAPURKAR, J. :- Since common questions arise for decision in these three matters, they have been placed before us together and we shall dispose them of by a common judgment. However, it will be sufficient if the facts pertaining to one of the petitions viz. in Special Civil Application No. 1769 of 1976 we stated.
2. The petitioners in Special Civil Application No. 1769 of 1976 were the owners of a plot of open land bearing City Survey No. 5 (original Survey No. 26A. Hissa No. 7 part) admeasuring 1093 2/3 sq. yards situate at Nawapada, Thana. An area admeasuring about 907 sq. yards out of the petitioners' aforesaid plot of land was acquired by the State Government for the purposes of Naupada Police Station under the provisions of the Land Acquisition Act No. 1 of 1894 (hereinafter referred to as the Act), leaving an area of 186 2/3 sq. yards (132 sq. yards on the southern side and 54 2/3 sq. yards on the northern side) with the petitioners. In respect of this area of 907 sq. yards the relevant notification aider Section 4 of the Act was issued on 20-3-1971 which was followed by Section 6 notification on 30-4-1972. It appears that in the meantime, possession of that area was taken on 4-7-1972 under the urgency clause contained to S. 17 of the Act Pursuant to the notice that was issued under S. 9 of the Act, the petitioners preferred compensation claim to the Special Land Acquisition Officer at the rate of Rs. 200 per sq. yard. The petitioners also claimed damages at the same rate for the portion of 186 2/3 sq. yards left with them on the ground that that much area was rendered useless to them for any purpose whatsoever by reason of severance caused as defined under the provisions of the Act. The Special Land Acquisition Officer made his award on 31-12-1973 awarding compensation for 907 sq. yards at the rate of Rs. 95 per sq. yard. The total amount of compensation awarded to the petitioners was fixed at Rupees 1,03,713.09 paise. Notice of the making of the award was served on the petitioners under S. 12 (2) of the Act on 4-1-1974. On that very day, the petitioners applied for a certified copy of the award which became ready for delivery to them on 1-3-1974. The copy was actually received by the petitioners on 5-3-1974 and the petitioners filed an application under S. 18 (1) of the Act seeking a reference to the Civil Court on 30-3-1974. While seeking this reference by their said application, the petitioners claimed an additional amount of Rupees 1,60,954.18 principally on the ground that the compensation awarded at the rate of Rs. 95 per sq. yard was highly inadequate, that nothing was awarded for injurious severance, and interest was also claimed from 4-7-1972 to 31-12-1973 the period between the date they lost possession and the award came to be made. The Special Land Acquisition Officer was pleased to make the reference to the District Court of Thana, under S. 18 of the Act, which reference came to be numbered as Thana Land Acquisition Reference No. 22 of 1974. When the reference came up for hearing before the Joint Judge, Thana, a contention on behalf of the Special Land Acquisition Officer was raised that the reference was not maintainable inasmuch as the application for reference made to the Land Acquisition Officer was made beyond the period of limitation prescribed under S. 18 of the Act. It was urged that since the notice of the award under S. 12 (2) of the Act had been served on the petitioners on 4-1-1974 the prescribed period which commenced from that date expired after the expiry of six weeks and the application for reference having been made on 30-3-1974, the same was barred by limitation under Proviso (b) to S. 18 (2) of the Act. On behalf of the petitioners two or three contentions were raised before the learned Joint Judge. In the first place, it was contended that once the reference was made by the Special Land Acquisition Officer or by the Collector it was not open to the District Court or tike Civ
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