STATE OF KERALA Vs. MATHA

JUDGEMENT

(1.) The short question that has come up for consideration in this case is whether the period of limitation for filing an application under Section 28A of the Land Acquisition Act, 1994, begins to run from the date of passing of the award by the Court in a reference filed by the land owner, other than the applicant, whose land was acquired by common notification under Section 4 or from the date of knowledge by the applicant of the passing of the award by the Civil Court.

(2.) The above mentioned question is no more res Integra. Apex Court in State of A.P. v. Marri Venkaiah and Ors., 2003 (7) SCC 280, answered the question and held that the limitation begins to run from the date of passing of the award and not from the date of knowledge of the award.

(3.) A Division Bench of this Court in Indira Devi v. Special Tahsildar, 1991 (1) KLT 33, interpreting Section 28A of the Act held that the knowledge of the award is imperative before the land owner can exercise his right under Section 28A. The Court held that it is only proper to treat the date of knowledge of the award of the Court as the starting point of the period of three months for an application under Section 28A. While computing the period of three months, it was held that, the period begins to run from the date of knowledge of the award subject to the exclusion contained in the proviso to Section 28(1). Learned Single Judge followed the decision of the Division Bench in Indiradevi's case, supra, and set aside Ext.P4 order of the District Collector. Learned Judge consequently directed the Collector to examine the contention of the petitioners that they have knowledge of the award only on 11.12.1994 and directed to dispose of the application accordingly.