LexBHAGWAN DAS & ORS. ETC. versus STATE OF UP & ORS.
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[2010] 2 S.C.R. 1145 BHAGWAN DAS & ORS. ETC. v. STATE OF UP & ORS. (Civil Appeal Nos. 2069-2070 of 2010) FEBRUARY 26, 2010 [R.V. RAVEENDRAN AND K.S. RADHAKRISHNAN, JJ.] Land Acquisition Act, 1894: A B ss. 18(2) and 54 - Reference to Court - Acquisition of c land - Award passed by Land Acquisition Collector - Application seeking reference uls. 18 to civil court for determination of compensation - Rejection of, by Collector since it was made beyond a period of six months from the date of award - Writ petition dismissed on the ground that 0 appeal was maintainable uls. 54 - Review petition also dismissed since land owners should have filed application for coniionation of delay before Collector - On appeal, held: Award was not made in the presence of the land owners - Notice of award was issued but was not sent by post nor served E on land owners - No evidence placed by Collector to show knowledge on the part of land owners - Thus, claim of land owners that they became aware that award was made only when notice was received by them calling upon them to receive the compensation, is correct and application was filed F in time - Orders of High Court set aside - Collector directed to make reference uls. 18. ss. 54 and 18 - Appeals in proceedings before court - Order of Land Acquisition Collector refusing to. make a referenc~ to civil court for determination of compensation - G Appeal thereagainst uls 54 - Maintainability of - Held: Not maintainable since s. 54 does not provide for appeals against the awards or orders of Land Acquisition Collector. 1145 H I. ' i 1146 SUPREME COURT REPORTS [2010] 2 S.C.R. A s. 18 - Application seeking reference under - Delay in filing of - Condonation of delay by Land Acquisition Collector - Held: Collector is not a civil court, provisions of s. 5 of the 1963 Act are not applicable to proceedings before the, Collector under the Act and there is no provision enabling the B Collector to extend the time for making application for reference - Thus, Collector cannot entertain any application for extension, nor extend the time for seeking reference, even if there are genuine and bonafide grounds for condoning delay - Limitation Act, 1963 - s. 5. c s. 18 (2) proviso (b) - Reference to court - Period of six months under clause (b) of proviso to s. 18 - Reckoning of, from the date of knowledge of the award of Collector or from the date of award itself - Held:· Words 'date of the collector's award' in proviso (b) to s. 18 is to be read as referring to the D date of knowledge of the essential contents of the award, and not the actual date of the Collector's award. s. 18 (2) proviso (b) - Interpretation of -Explained. E The appellants' lands were acquired under the notifications for public purpose. The Land Acquisition Collector passed an award but served notice to the appellant after seven months to receive the compensation from the Collector's office. The appellants filed an application seeking a reference uls. 18 of the Land F Acquisition Act, 1894 for determination of compensation. The Collector rejected the application since it was made beyond a period of six months from the date of the award. The appellants filed writ petition but the same was dismissed on the ground that the appeal uls. 54 was G available against the order of the Collector. The review petition was also dismissed on the ground that the appellant should have filed application for condonation of delay along with the application for reference. Hence the present appeal. H BHAGWAN DAS & ORS. ETC. v. STATE OF UP & 1147 ORS. The questions which arose for consideration in these A appeals are (a) whether an appeal would lie u/s. 54 of the Act against the order of the Collector refusing to make a reference; (b) whether the Collector can condone the delay in filing an application seeking reference, if sufficient cause is shown; (c) whether the period of six B months under clause (b) of proviso to s. 18 should be reckoned from the date of knowledge of the award of the Collector or from the date of award itself; and (d) whether the appellants were entitled to relief? Allowing the appeals, the Court c HELD: On Question (a) 1. Section 54 of the Land Acquisition Act, 1894 D provides for an appeal from the award of the court in any proceedings under the Act to the High Court, and from the decree of the High Court to the Supreme Court. The decision of
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