- (1.) These appeals have been preferred against the judgment and order dated 25.1.2012 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 2140-44 of 2009, wherein the High Court has upheld the judgment of the Land Acquisition Collector rejecting the application under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on the ground of limitation.
(2.) Facts and circumstances giving rise to these appeals are that: A. The land of the appellants stood notified under Sections 4 and 6 of the Act in 1994-95. Award in respect of the said land was also made on 14.12.1995. B. Appellants did not file applications under Section 18 of the Act rather some other "interested persons" whose land was also covered by the same notification under Section 4 of the Act filed references and one such reference, i.e. L.A.R. No. 314 of 1999 was decided on 3.4.2006. C. For the purpose of filing application under Section 28A of the Act, counsel for the appellants applied for a certified copy of the Court award on 17.5.2006, and though the copy of the said award was ready for delivery on 29.5.2006, it was obtained by learned counsel for the appellants only on 3.6.2006. Application for re-determination of the amount of compensation was filed on 18.7.2006 by the appellants, on the basis of the said Court's award. D. The Special Land Acquisition Collector vide order dated 22.9.2008, rejected the said application on the ground that the same was filed with a delay of 4 days. E. Aggrieved, the appellants challenged the said order before the High Court. The same stood dismissed vide impugned judgment and order dated 25.1.2012. Hence, these appeals.
(3.) Shri Gaurav Agarwal, learned counsel appearing on behalf of the appellants has submitted that Section 28-A of the Act was inserted by amendment in 1987 and being a beneficial legislation it should be interpreted liberally and period of limitation should be considered and determined on all equitable grounds. It is well-neigh possible for any person to file an appeal without having knowledge of the order/award and therefore, the limitation should be counted from the date of acquisition of knowledge of the Court award. More so, the delay was only of two days and certainly not of four days. In order to fortify his case Shri Gaurav Agarwal has placed reliance upon the judgments of this Court in Bhagwan Das & Ors. v. State of U.P. & Ors., 2010 AIR(SC) 1532 and Premji Nathu v. State of Gujarat & Anr., 2012 AIR(SC) 1624.;