JOSE ANTONIO CRUZ DOS R RODRIGUESE COMMUNIDADE OF CAVELOSSIM Vs. LAND ACQUISITION COLLECTOR:LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) -Special leave granted.

(2.) The question which arises for determination in these two appeals is whether the period of three months prescribed for making an application for redetermination of the amount of compensation under Section 28-A of the Land Acquisition Act, 1894 (hereinafter called the Act) begins to run against the applicant from the date of the Award under Section 18 of the Act or even from the date of the decision of the appeal, if any, preferred against the Award. In order to appreciate the point raised, we may at once read Section 28-A insofar as it is relevant:

(3.) Before examining the decisions of this Court on which the High Court has placed reliance, we deem it appropriate to first examine the plain language of Section 28-A extracted earlier. Section 28-A was inserted as the last Section in Part III entitled Reference to Court and Procedure thereon by Act 68 of 1984. Part III begins with Section 18 which provides that if an interested person does not accept the award made by the Collector under Section 11 of the Act, he may, by a written application to the Collector, require that the matter be referred for determination of the Court. Section 2 (d) defines the expression Court to mean the Principal Civil Court of original jurisdiction unless a Special Judicial Officer has been appointed. Therefore, the Court referred to under Section 18 can only mean the principal Civil Court of Original Jurisdiction. Section 23 then sets out the matters to be taken into consideration in determining the compensation to be awarded for the acquired land, and Section 24 indicates the matters to be omitted from consideration Section 26 provides that the award shall be in writing signed by the judge which shall be deemed to be a decree within the meaning of clauses (2) and (9) of Section 2 of the Civil Procedure Code, 1908. Section 27 provides for costs to be awarded and Section 28 provides for payment of interest on excess compensation. We then come to Section 28-A. The first part of the Section begins with the words where in an award under this part, Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 11 which clearly indicate that the legislature was talking of an award made under the provisions of part III, i.e., an award under Section 11 and therefore, in that context, reference to Court can only mean the Court to which a reference is made by the Collector under Section 18. This position is further clarified when the Section refers to compensation awarded in excess of the amount awarded under Section 11 of the Act, The second part of the Section then addresses the persons interested in all the other land covered by the same notification......and who are also aggrieved by the award and permits them to make a written application to the Collector within three months from the date of the award of the Court requiring him to redetermine the amount of compensation on the basis of the amount awarded by the Court, notwithstanding the fact that they had not sought a reference under Section 18 of the Act, Thus, the newly added Section seeks to give the same benefit, which a person who had sought a reference and had secured the Courts award for a higher amount of compensation had received, to those who had, on account of ignorance or financial constraints, not sought a reference under Section 18. In the latter part of the Section also, reference is to the award under Section 11 and later, to the award of the reference Court under Section 18 of the Act, Therefore, the Court referred to therein is again the Court referred to in Section 2(d) of the Act, i.e., the Principal Civil Court of Original jurisdiction. The plain language of Section 28-a, therefore, prescribes the three months period of limitation to be reckoned from the date of the award by the Court disposing of the reference under Section 18, and not the appellate Court dealing with the appeal against the award of the reference Court.