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Supreme Court of India 2018-07-04 allowed

Vijay Mahadeorao Kubade vs State of Maharashtra Through the Collector

Bench: 2 — N.V. Ramana

In Brief

Land was acquired by a Corporation under the Land Acquisition Act, 1894 in 1985. The Land Acquisition Officer's award of 1987 was communicated to the landowner by notice, but without the certified copy of the award. The landowner received the certified copy in February 1988 and filed a reference for enhanced compensation in the same month. The High Court dismissed the reference as time-barred. The Supreme Court held that the notice under Section 12(2) was invalid because it was not accompanied by the award itself, and that the limitation period commenced only from receipt of the certified copy. The appeal was allowed and the case was remanded to the High Court for reconsideration on merits."

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Land Acquisition Compensation Limitation Administrative Law Civil Procedure

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