Section 18(1) in The Land Acquisition Act, 1894

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(1)Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.

Section 18(1) in The Land Acquisition Act, 1894

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Short Summary

This case concerns the interpretation of Section 18(1) of the Land Acquisition Act, 1894, specifically regarding the limitation period for seeking a reference to the court for enhanced compensation. The court held that the limitation period begins from the date of knowledge of the award, not necessarily the date of the award itself, provided the delay is reasonably explained.

Facts

The Union of India acquired land belonging to the petitioner for public purposes. The Land Acquisition Officer (LAO) made an award determining compensation. The petitioner claimed they were not informed of the award's details until significantly later due to administrative delays and lack of proper communication from the LAO. Consequently, the petitioner filed an application under Section 18(1) of the Land Acquisition Act, 1894, seeking a reference to the court for enhanced compensation, which was filed beyond the standard limitation period calculated from the date of the award.

Issues

Whether the limitation period under Section 18(1) of the Land Acquisition Act, 1894, should be calculated from the date of the award itself, or from the date of knowledge of the award.
Whether the delay in filing the application for reference can be condoned based on the circumstances presented.

Petitioner's Arguments

The petitioner argued that the limitation period should begin from the date of actual knowledge of the award, not the date of the award itself. They contended that they were not properly informed about the award in a timely manner and that the delay in filing the application was due to circumstances beyond their control, specifically administrative inefficiencies.

Respondent's Arguments

The Union of India argued that the limitation period under Section 18(1) should be strictly construed from the date of the award. They argued that the petitioner had a responsibility to inquire about the award and that ignorance of the award's details does not extend the limitation period.

Court's Reasoning

The Court acknowledged that a strict interpretation of Section 18(1) could lead to injustice if landowners are unaware of the award within the prescribed period. The Court reasoned that the right to seek enhanced compensation is a valuable right, and it should not be defeated by procedural technicalities when the delay is reasonably explained. The court emphasized the importance of fairness and equity in land acquisition proceedings. It considered the administrative delays and lack of proper communication as valid reasons for the delay in gaining knowledge of the award.

Conclusion

The Court ruled in favor of the petitioner. The Court held that the limitation period under Section 18(1) of the Land Acquisition Act, 1894, should be calculated from the date of knowledge of the award, provided the delay in gaining knowledge is reasonably explained. The petitioner's application for reference was deemed to be within the permissible time frame, and the LAO was directed to make the reference to the appropriate court for determination of enhanced compensation.