LexVIJAY MAHADEORAO KUBADE versus STATE OF MAHARASHTRA THROUGH THE COLLECTOR
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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VIJAY MAHADEORAO KUBADE
v.
STATE OF MAHARASHTRA THROUGH THE COLLECTOR
(Civil Appeal Nos. 6003-6004 of 2018)
JULY 04, 2018
[N. V. RAMANA AND
MOHAN M. SHANTANAGOUDAR, JJ.]
Land Acquisition Act, 1894 – s.12(2) – Effective notice of
the award – Land acquisition – Passing of the award – Copy of
award not sent to land owner along with the notice dated 04.12.1987
of the award – Land owner received certified copy of the award on
03.02.1988 – Thereafter, on 09.02.1988 the land owner filed
reference against award for enhancement of compensation – Issue
raised as to limitation – Reference Court held the Reference to be
within limitation – However, High Court held the Reference to be
barred by limitation – On appeal, held: There could not have been
a valid notice of the award, by letter dated 04.12.1987, u/s. 12(2),
until the land owner received a certified copy of the award, which
he did on 03.02.1988 – Thus, the reference for enhancement filed
on 09.02.1988 not barred by limitation – Order of the High Court
concerning the point of limitation set aside.
Disposing of the appeals, the Court
HELD: The notice dated 04.12.1987, was not accompanied
with the award. In the instant case, there could not have been a
valid notice of the award, by letter dated 04.12.1987, under sub-
section (2) of Section 12 of the Land Acquisition Act, until the
appellant received a certified copy of the award, which he did on
03.02.1988. Therefore, the reference for enhancement was,
accordingly, not barred by limitation. The order of the High Court
concerning the point of limitation is set aside and the matters are
remanded back for fresh consideration on merits of the case
inter alia, as to the quantum of compensation. [Para 11, 12]
[1110-E, F]
Premji Nathu v. State of Gujarat and Anr. [2012] 3 SCR
1042 : (2012) 5 SCC 250 – relied on.
[2018] 7 S.C.R. 1105
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SUPREME COURT REPORTS
[2018] 7 S.C.R.
Case Law Reference
[2012] 3 SCR 1042
relied on
Para 11
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 6003-
6004 of 2018.
From the Judgment and Order dated 14.07.2014 of the High Court
of Judicature at Bombay, Nagpur Bench, Nagpur in First Appeal Nos.116
and 31 of 1996
WITH
Civil Appeal Nos. 6006-6007 of 2018.
Ms. Bansuri Swaraj, Siddhesh Kotwal, Raghunatha Sethupathy,
Gagan Narang, Ms. Astha Sharma, Nishant Ramakantrao
Katneshwarkar, R.S.Hegde, Ms. Farhat Jahan Rehmani, Chandra
Prakash, Rajeev Singh, Advs. for the appearing parties..
The Judgment of the Court was delivered by
N. V. RAMANA, J.
Civil Appeal Nos.6003-6004/2018
(Arising out of SLP (C) Nos. 27516-27517/2014)
1. Leave granted.
2. These appeals are filed against the final judgment and order
dated 14.07.2014, passed by the High Court of Judicature at Bombay
(Nagpur Bench) in First Appeal No. 116 of 1996 and First Appeal
No. 31 of 1996.
3. A brief reference to facts of the case may be necessary for the
disposal of this case. The predecessor interest of the appellant herein
was the owner of the property in dispute. In the year 1985, the disputed
land, was proposed to be acquired by the Divisional Controller, MSRTC
Corporation, Amravati for construction of city service terminus at
Amravati. Required Notification under Section 126 (4) of the MRTP
Act, 1966 read with Section 6 of the Land Acquisition Act was published
in the Government Gazette dated 05.12.1985. Thereafter the objections
from the interested parties were heard by the Special Land Acquisition
Officer, Zilla Parishad Works, Amravati. By a final order dated 30.11.1987,
the Special Land Acquisition Officer, passed an award, wherein an
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amount of Rs. 5,83,366/- was payable by the respondent authorities to
the appellant herein. On 21.12.1987, the predecessor interest of the
appellant received a notice from the collector/Land Acquisition Officer
informing them about the award being passed on 30.11.1987, which is
reproduced as under-
You are hereby given notice that you are being treated as
person interested in the above-mentioned case. In the said case
on 30.11.1987, I, have pronounced the following Award under
sub-section 1 of Section 11 of the 1894 Act.
(1) The area of the land is 704.31 sq. meters in plot No. 3.
(2) The amount of Rs. 2,58,849.00 as compensation be given for
the land.
(3) The amount of compensation has been divided as follows:-
…..
…..
(2) The amount payable to you is Rs.2,58,849.00. You personally
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