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1 - 10 of 11 (0.22 seconds)The Land Acquisition Act, 1894
Article 226 in Constitution of India [Constitution]
The Limitation Act, 1963
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Shri Popat Bahiru Govardhane vs Special Land Acquisition Officer on 25 January, 2012
6. Having regard to the facts and circumstances and
considering order impugned passed by competent
authority in rejecting the application under Section 28A of
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C/SCA/4523/2017 ORDER
the Act and law laid down with regard to applicability of
Limitation Act vis-a-vis an application preferred under
Section 28A of the Act, 1894 and the powers conferred
upon the authorities in almost identical circumstances in
the case of Popat Bahiru Govardhane and Ors. v.
Special Land Acquisition Officer and Anr. [(2013) 10
SCC 765], the Apex Court held as under:
The Prisons Act, 1894
State Of Andhra Pradesh And Anr vs Marri Venkaiah And Ors on 28 July, 2003
"14.In State of A.P. v. Marri Venkaiah, this
Court reconsidered the aforesaid
judgements including the judgment in
Harish Chandra Raj Singh and held that the
statute provides limitation of 3 months from
the date of award by the court excluding the
time required for obtaining the copy form
the date of award. It has no relevance so
far as the date of acquisition of knowledge
by the applicant is concerned. In view of
the express language of the statute, the
question of knowledge did not arise and,
therefore, the plea of the applicants that
limitation of 3 months would being from the
date of knowledge, was clearly
unsustainable and could not be accepted.
The Court also rejected the contention of
the applicants that a beneficial legislation
should be given a liberal interpretation
observing that whosoever wants to take
advantage of the beneficial legislation has
to be vigilant and has to take appropriate
action within the time-limit prescribed under
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C/SCA/4523/2017 ORDER
the statute. Such an applicant must at least
be vigilant in making efforts to find out
whether the other landowners have filed
any reference application and if so, what is
the result thereof. If that is not done then
the law cannot help him. The ratio of the
judgement in Harish Chandra Raj Singh was
held to be non-applicable in case of Section
28-A of the Act. The Court observed: