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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA, JJ
Nitin Bharat Savale – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petition filed for enhanced compensation (Para 2 , 3 , 4 , 5) |
| 2. compensation awarded for land acquisition (Para 6) |
| 3. notice issued for claiming compensation (Para 7) |
| 4. reference application for enhanced compensation (Para 8 , 9) |
| 5. delay attributed to personal tragedies (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. respondents oppose petitioner's claims (Para 19 , 20 , 21) |
| 7. court discusses limitation issues (Para 22) |
| 8. court analyzes relevant dates (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 9. petition dismissed (Para 31 , 32) |
JUDGMENT :
Advait M. Sethna, J.
1. Rule, made returnable forthwith. The respondents waive service. By consent of the parties, heard finally.
2. This petition is filed under Article 226 of the Constitution of India for the following substantive prayers / reliefs, which read thus:-
“(b) That this Hon’ble Court be pleased to issue appropriate writ, order, direction in terms of Writ of Mandamus or any other appropriate writ, order, direction to hold and declare that, the impugned provision i.e., section 28-A of the Land Acquisition Act procedurally improper, arbitrary, illegal and against the public welfare policy.
(c) That this Hon’ble Court
The limitation period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
The limitation period for filing applications under Section 28A of the Land Acquisition Act, 1894, is strictly three months from the date of the reference court's award, with no provision for extensi....
The dismissal of an application under Section 18 for limitation does not preclude a subsequent application under Section 28A of the Land Acquisition Act, provided it is timely filed.
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
Limitations under Section 28A of the Land Acquisition Act are strict; applications must be filed within three months from the award date, not from the date of knowledge.
The limitation period for seeking redetermination of compensation under Section 28A of the Land Acquisition Act begins from the date of the original court's award, not from appellate decisions.
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
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