Introduction

• The Supreme Court determined the limitation period under the Land Acquisition Act, 1894.

Facts

• The appellants' land was notified under Sections 4 and 6 of the Land Acquisition Act, 1894 in 1994-95.
• An award concerning the land was made on 14^th December 1995.
• Instead of filing applications under Section 18 of the Act, other interested parties filed references, one of which was decided on 3^rd April 2006.
• The appellants sought a certified copy of the court award on 17^th May 2006, which they obtained on 3^rd June 2006.
• They filed an application for re-determination of compensation on 18^th July 2006.
• The Special Land Acquisition Collector rejected the application on 22^nd September 2008, citing a delay of 4 days.
• The appellants challenged this decision before the High Court, which upheld the rejection on 25^th January 2012.

Issues Involved

• Whether the limitation for filing the application for re-determination of compensation under Section 28A of the Land Acquisition Act, 1894 commences from the date of the award or from the date of knowledge of the court’s award?

Observation

• The Court examined the interpretation of Section 28A of the Land Acquisition Act, 1894 and relevant precedents.
• It found that the statute provides a limitation of 3 months from the date of award by the court, excluding the time required for obtaining a copy of the award.
• The Court emphasized that the date of knowledge of the award is not relevant for determining the limitation period.
• It rejected the argument that a beneficial legislation should be interpreted liberally, stating that statutory provisions must be applied strictly.
• It concluded that there was no need to consider the judgments cited by the appellants, as they dealt with applications under Section 18 of the Land Acquisition Act, 1894.
• The Court reiterated that the law of limitation must be enforced rigorously, regardless of any inconvenience or hardship it may cause to parties.

Conclusion

• It dismissed the appeals, as they were devoid of merit and did not warrant interference.