Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.20F(2) - Time period for making the award - Commencement of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Railways Act, 1989 (24 of 1989) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Railways Act, 1989:s.20F(2) - Time period for making the award -Commencement of - Held: Period of one year. stipulated u/s.20F(2) for making the award, has to be reckoned from the date of publication of the declaration u/s.20E(1) in the official gazette - Land acquisition - Compensation.s.20E(1) - Publication of notification under Requirement for- Held: s.20E requires the notification to be published only in the official gazette - The section does not require the notification of declaration to be published in any newspaper or by any other mode.s.20F(2), first proviso - Award by competent authority within six months after the expiry of one year from the date of publication of the declaration - Validity of - Held: If the competent authority is satisfied that the award could not be made within a period of one year due to unavoidable circumstances, which are to.be recorded in writing, he could make the award within eighteen months - The requirement regarding recording of reasons is not mandatory - In the instant case, the competent authority while passing award proceeded under bona fide impression that the notification of declaration u/s.20E(1) was required to be published not only in the official gazette, but also in the form of a public notice in two newspapers and that the latter of the two dates of publication would be the date of commencement of the period A of one year, u/s.20F(2) - As a consequence, he applied the principle that when publication is required to be made by more than one mode, the date of publication by the last of the prescribed modes is the date of publication - On the facts of the case and on harmonious reading of the provision of s. 20F,the said reasoning in the award is treated as the reason for the delay in making the award - The acquisition did not, therefore. lapse - However, having regard to the second proviso to s.20F(2), the land owners are entitled to additional compensation for the delay in making of the award at a rate not less than 5% of the value of the award for each month of delay.Several anomalies in the provisions of Chapter VIA - Discussed - Need for legislation - Legislation |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 239 |
Petitioner | Dedicated Freight Corridor Corporation Of India |
Respondent | Subodh Singh & Ors. |
SCR | [2011] 3 S.C.R. 1160 |
Judgement Date | 2011-03-30 |
Case Number | 2794 |
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