Without Section 12(2) notice, a land acquisition reference cannot be dismissed solely as time-barred.

The appellants’ predecessor owned land at Village Rugnathpur, which was acquired in 1973–74 for the Vatrak Jalagar Yojna.

The Land Acquisition Officer passed the award on 06.01.1978.

The original claimant raised objections under the land-acquisition process on 17.12.1988, approximately 3,998 days after the award.

The Land Acquisition Officer made the reference to the Reference Court only in 2024, after approximately 12,934 days.

The Additional Senior Civil Judge, Bayad, dismissed Land Reference Case No. 127 of 2024 on 01.10.2024 as time-barred.

The claimants challenged that dismissal before the High Court, relying on a Coordinate Bench decision concerning delayed references where notice of the award under Section 12(2) of the Land Acquisition Act, 1894 had not been shown to have been served.

1. Whether the reference could be dismissed solely on limitation when the record did not establish that the claimant had received notice, or knowledge of the essential contents, of the award under Section 12(2) of the Land Acquisition Act, 1894.

2. Whether the matter should be remanded to the Reference Court for adjudication on merits, and, if so, whether any restriction should be imposed on the claimants’ entitlement to interest for the delayed period.

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 present when it was made; the limitation for seeking a reference under Section 18 begins upon actual or constructive knowledge of the award and its essential contents, not merely upon the date on which the award was signed or made in the Collector’s office.

Relying on Raja Harish Chandra Raj Singh v. Deputy Land Acquisition Officer, AIR 1961 SC 1500, the Court held that an award becomes effective for limitation purposes when communicated to, or known by, the affected party.

It also relied on State of Punjab v. Mst. Qaisar Jehan Begum, AIR 1963 SC 1604, for the principle that knowledge must relate to the essential contents of the award; Rajat Hirabhai Motibhai v. Deputy Collector and Heirs of deceased Aher Naran Maiya Bhupat Naranbhai for the Collector’s duty to communicate the award; and Premji Nathu for the requirement that the landowner should ordinarily be supplied a copy of the award to effectively exercise the right under Section 18.

The High Court found that the Reference Court had treated the dates of the award, the claimant’s objections, and the reference as mechanically determinative of limitation.

However, the record did not indicate that notice under Section 12(2), or the essential contents of the award, had been served on or received by the claimant.

Applying the principles in Raja Harish Chandra Raj Singh and the other cited authorities, the Court held that the Collector’s failure to communicate the award could not operate to extinguish the claimant’s statutory right to seek a reference.

Dismissal on limitation without examining the absence of notice would cause injustice, particularly because the acquisition was compulsory and the claimants had been denied adjudication of the adequacy of compensation.

At the same time, the Court maintained equity by denying interest on any enhanced compensation for the period during which the claimants themselves had not raised objections—namely, from 06.01.1978 to 17.12.1988.

The High Court quashed and set aside the Reference Court’s order dated 01.10.2024 and restored Land Reference Case No. 127 of 2024 to its original file for fresh adjudication on merits.

The claimants were held disentitled to interest on any enhanced compensation for the period from 06.01.1978 to 17.12.1988, and one appellant was directed to file an affidavit undertaking to that effect.

The record and proceedings were directed to be returned to the Reference Court forthwith, and the Registry was directed to place the affidavit on record.