Gwalior Landowners Keep Irrigated-Land Compensation As MP HC Finds Their Reference Was Filed Within Six Months Of Learning Of Award

The State appealed under Section 54 of the Land Acquisition Act against a Reference Court award dated 11 January 2022 enhancing compensation

The Land Acquisition Officer’s award was made on 9 July 2013. The respondents applied for a reference on 11 June 2014, stating that they learned of the award on 13 May 2014; the Collector referred the matter to the Court on 20 February 2018

The State challenged the reference as time-barred, argued that the respondents could not seek enhancement after accepting compensation without protest, and disputed the finding that their land was irrigated

Section 18(2) of the Land Acquisition Act, 1894, prescribes the time for seeking a reference; where the interested person was absent when the award was made and received no notice under Section 12(2), the six-month period runs from actual or constructive knowledge of the award’s essential contents.

The Court relied on the principles in Bhagwan Das v. State of U.P., Premji Nathu v. State of Gujarat and related Supreme Court decisions, as applied in State of M.P. v. Lokendra Singh

The Court also treated an objection not raised before the Reference Court, and unsupported by a foundation or evidence, as unavailable to the State at the appellate stage

The respondents’ application was filed within six months of their stated knowledge of the award, and the State produced no material establishing earlier notice or knowledge; the Court therefore upheld the Reference Court’s finding that the reference was timely

The objection based on acceptance of compensation without protest had not been raised before the Reference Court and lacked a foundation and supporting evidence, so the Court declined to entertain it on appeal

As to irrigation, the revenue record described the land as irrigated, and the State identified no evidence to the contrary

Finding no substance in the appeal, it dismissed the appeal