Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Reference |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | s. 18 - Reference - Limitation - Expression, "the date of- award" - Connotation of - Held: The expression "the date ofthe award" used in proviso (b) to s. 18(2) must be understoodto mean the date when the award is either communicated tothe party or is known by him either actually or constructively- In the instant case, it is for t/1e first time on the date of orderu/s 30 that the appellants came to know that they were entitledto compensation and the quantum thereof - Reference u/s18 was made within 6 weeks from the said date - Therefore,. the view taken by the High Court that reference u/s 18 wasbarred by limitation cannot be sustained - Order of HighCourt is set aside and the award of enhanced compensationmade by reference court u/s 18 restored. ss.18 and 30 - References under - Distinction between- Explained - Limitation for filing reference uls 18 - Held: Thetwo Sections operate in entirely different circumstances -While s. 18 applies to situations where the apportionmentmade in the award is objected to by a beneficiary thereunder,s.30 applies when no apportionment whatsoever is made bythe Collector on account of conflicting claims - In such asituation one of the options open to the Collector is to makea reference of the question of apportionment to the court uls30 of the Act - The other is to relegate the parties to theremedy of a suit - In either situation, the right to receive compensation under the award would crystallize after apportionment is made in favour of a claimant - It is only thereafter that a reference u/s 18 for enhanced compensationcan be legitimately sought by the claimant ;n whose favourthe order of apportionment is passed either by the court in theB reference u/s 30 or in the civil suit, as may be. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2013 INSC 806 |
Petitioner | Madan & Anr. |
Respondent | State Of Maharashtra |
SCR | [2013] 12 S.C.R. 761 |
Judgement Date | 2013-12-06 |
Case Number | 10863 |
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