SUHARABI Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) Petitioner applied for re-determination of compensation under S.28A(1) of the Land Acquisition Act, 1894. That was rejected as time-barred. Hence, this Writ Petition.

(2.) Heard learned counsel for petitioner and learned Government Pleader.

(3.) Petitioner applied on 20th November, 2004 relying on an award passed by the Court on21stAugust,2004.S.28A(1)of the L.A. Act provides that the written application under that provision shall be made within three months from the date of the award of the Court. The word 'month' is not defined in the L.A. Act. Therefore, the definition of that term in S.3(35) of the General Clauses Act, 1897 applies. Hence, the month has to be reckoned according to the British Calendar. Therefore, the period of three months for the purpose of an application under S.28A(1) has to be reckoned according to the British Calendar, applying S.3(35) of the General Clauses Act. The award of court relied on by the petitioner was delivered on 21st August, 2004. By the proviso to S.28A(1) of the L.A. Act, the date of pronouncement of the award by the court shall be excluded in computing the period of three months. Therefore, the period of three months for the petitioner to apply under S.28A(1) on the basis of the award relied on by her ends on 22nd November, 2004. The petitioner's application filed on 20th November, 2004 was, therefore, well within time.