The Land Acquisition Act, 1894  - Section 18 , Section 12 (2)

Acquisition of land - Reference - Limitation of - Notice issued by the Collector under Section 12(2) was served upon appellant on 22.2.2024 - No evidence produced before the Reference Court to show that copy of the award was sent to the appellant along with the notice - Thereafter, his Advocate obtained certified copy of the award and filed application dated 8.4.2024 for making a reference to the Court - Accompanying the copy of award was essential under Section 12(2) for effective exercise of right vested in the appellant to seek reference under Section 18(1) - Application under Section 18(1) of the Act is not barred - Order of reference Court set aside. [Para 15] B. Land Acquisition Act, 1984 - Sections 12 and 18 - Limitation of - If the person is not present or is not represented before the Collector, then the application for reference has to be made within six weeks of the receipt of notice under Section 12(2) or within six months from the date of the Collector's award, whichever period shall first expire - Held - (i) By virtue of Section 12(1), an award made by the Collector is treated final and conclusive evidence of the true area and value of the land and apportionment of the compensation among the persons interested. (ii) In terms of Section 12(2), the Collector is required to give notice of his award to the interested persons who are not present either personally or through their representatives at the time of making of award. (iii) An application for reference shall be made within six weeks from the date of the Collector's award, if at the time of making of award the person seeking reference was present or was represented before the Collector. (iv) If the person is not present or is not represented before the Collector, then the application for reference has to be made within six weeks of the receipt of notice under Section 12(2) of within six months from the date of the Collector's award, whichever period shall first expire.

Topic(s)-Acquisition of Land , Reference - Limitation of

Important Decision(s)- 

• Notice issued by the Collector under Section 12(2) was served - No evidence produced before the Reference Court to show that copy of the award was sent to the appellant along with the notice.
• Section 12(2), the Collector is required to give notice of his award to the interested persons who are not present either personally or through their representatives at the time of making of award.