Without communication of the award under Section 12(2), a reference cannot be dismissed as time-barred.

The appellants’ predecessor owned land at Village Devdanti, which was acquired in 1973–74 for the “Vatrak Jalagar Yojna.” The Land Acquisition Officer made the award on 12 March 1975.

The original claimant raised objections under Section 18 of the Land Acquisition Act, 1894, before the Land Acquisition Officer on 12 September 1989, approximately 5,299 days after the award. The reference was forwarded to the Reference Court only in 2024, after approximately 12,664 days.

The Additional Senior Civil Judge, Bayad, dismissed Land Reference Case No. 183 of 2024 as time-barred on 1 October 2024.

The claimants challenged that dismissal before the High Court, relying on a Coordinate Bench decision concerning the requirement of communication of the award under Section 12(2).

Whether the reference under Section 18 of the Land Acquisition Act, 1894 could be dismissed solely on limitation when the record did not establish that the award, or its essential contents, had been communicated to the claimants under Section 12(2).

Whether, in the absence of proof of communication of the award, the matter ought to be remanded to the Reference Court for determination on merits, subject to appropriate conditions regarding interest.

The Court applied Sections 12(2) and 18 of the Land Acquisition Act, 1894. Section 12(2) obliges the Collector to give immediate notice of the award, including its essential contents, to interested persons who were not personally present or represented when the award was made; the limitation for seeking a reference under Section 18 ordinarily runs from legally sufficient knowledge or communication of the award.

Relying on Raja Harish Chandra Raj Singh v. Deputy Land Acquisition Officer, AIR 1961 SC 1500, the Court held that “the date of the award” means the date on which the award is actually or constructively communicated or becomes known to the affected person, not merely the date on which it is signed or filed.

The Court also relied on State of Punjab v. Mst. Qaisar Jehan Begum, AIR 1963 SC 1604, for the principle that knowledge must concern the essential contents of the award; Rajat Hirabhai Motibhai v. Deputy Collector and Heirs of deceased Aher Naran Maiya Bhupat Naranbhai for the obligation to communicate those contents; and Premji Nathu for the distinction between limitation where notice under Section 12(2) is received and where it is not.

The Court further adopted the equitable principle that, despite remand, claimants would not receive interest on any enhanced compensation for the period attributable to their delay in raising objections.

The High Court found that the record did not show either issuance or receipt of notice communicating the award to the claimant.

Since mere preparation of the award is insufficient to trigger limitation and the statutory obligation of communication under Section 12(2) had not been demonstrated, dismissal of the reference solely on the basis of the long delay would potentially deprive the claimants of their statutory right to seek adjudication of compensation under Section 18.

Following the Coordinate Bench’s approach and the Supreme Court authorities, the Court held that the reference should be examined on merits rather than rejected at the threshold.

To balance the prejudice caused by the delayed objections, it directed that the claimants would forego interest on any enhanced compensation for the period from the award dated 12 March 1975 until the objections were filed on 12 September 1989.

The High Court quashed and set aside the Reference Court’s order dated 1 October 2024, restored Land Reference Case No. 183 of 2024 to its original file, and remanded it for fresh consideration on merits.

The claimants were held not entitled to interest on any enhanced compensation for the period from 12 March 1975 to 12 September 1989.

One appellant was directed to file an affidavit undertaking to that effect, and the Registry was directed to place the affidavit on record.