B.P.SARAF,J. - (1.) THE Petitioner in this case is aggrieved by the dismissal of her application under section 28A of the Land Acquisition Act by the Special Land Acquisition Officer for failure of the Petitioner to file certified copies of the award.
(2.) WHEN the matter was taken up for hearing, the learned A.G.P. Mr. Gokhale pointed out to us that the application in this case is, on the face of it, barred by limitation. The award was made by the Court under section 18 of the Land Acquisition Act, 1894, sometime in the year 1984. The application under section 28A was made on 26.11.1987. The application should have been filed within three months from the date of the award. The application, in the instant case, admittedly, has been filed after more than three years of the date of the award under section 18 of the Land Acquisition Act. It is further stated by Mr. Gokhale that it is not the case of the petitioner in this case that she applied for the certified copy of the award, and on exclusion of the time requisite for obtaining the same, the application is within time. The uncontroverted factual position is that the application under section 28A has been filed by the petitioner in this case far beyond the period of three months from the date of the award under section 18 of the Act. Our attention was drawn by Mr. Gokhale to the latest decision of the Supreme Court in Jose Antonio Cruz Dos R. Rodriguese vs. Land Acquisition Collector (1996) 6 SCC 746, wherein, it has been held that the limitation of three months for making application for redetermination of compensation must be computed from the date of the award of Reference Court on the basis of which redetermination is sought and not the order of the Appellate Court dealing with the appeal against the award of the Reference Court.
(3.) WE have carefully considered the facts of the case, and the submissions of Mr. Gokhale, the learned A.G.P., appearing for the respondents. Admittedly, the application under section 28A of the Act was filed after more than three years of the date of the award. No claim has been made for exclusion of time for obtaining certified copy, because none has been filed. Obviously application under section 28A in the instant case is barred by limitation and is liable to be dismissed. We, therefore, do not find any merit in this writ petition. The same is dismissed. No costs.;