Venkareddy Parasareddy Alawandi And ... vs Secretary, Revenue Department, ... on 16 October, 1998
The LA Act, which is a special law prescribes a period of limitation of three months for the purpose of filing an application under Section 28A of the Act. The provisions of the said Act, also provides that the day on which the award was pronounced and the time requisite for obtaining the certified copy shall be excluded for the purpose of calculating the period of three months provided for under Section 28-A of the LA Act. At the same time no power is conferred on the Deputy Commissioner (Assistant Commissioner) to entertain the application filed after the period of three months after excluding the time as per the proviso to Section 28-A of the Act. This Court in the case of Mary D'Souza v Land Acquisition Officer and Assistant Commissioner, Kundapur and Another, has held that the provisions of Section 5 of the Limitation Act, 1963 cannot be invoked for condoning the delay in making an application for reference under Section 18 of the LA Act beyond the period of 90 days prescribed in the said section.