POPAT BAHIRU GOVARDHANE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) These appeals have been preferred against the judgment and order dated 25.1.2012 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 2140-44 of 2009, wherein the High Court has upheld the judgment of the Land Acquisition Collector rejecting the application under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on the ground of limitation.

(2.) Facts and circumstances giving rise to these appeals are that:

(3.) Shri Gaurav Agarwal, learned counsel appearing on behalf of the appellants has submitted that Section 28-A of the Act was inserted by amendment in 1987 and being a beneficial legislation it should be interpreted liberally and period of limitation should be considered and determined on all equitable grounds. It is well-neigh possible for any person to file an appeal without having knowledge of the order/award and therefore, the limitation should be counted from the date of acquisition of knowledge of the Court award. More so, the delay was only of two days and certainly not of four days. In order to fortify his case Shri Gaurav Agarwal has placed reliance upon the judgments of this Court in Bhagwan Das & Ors. v. State of U.P. & Ors., 2010 AIR(SC) 1532 and Premji Nathu v. State of Gujarat & Anr., 2012 AIR(SC) 1624.