Limitation period under S. 18, when commences in a case where no apportionment is made by Collector i.e. when S. 30 applies

Madan v. State of Maharashtra, (2014) 2 SCC 720

Land Acquisition Act, 1894
Ss. 18 and 30 - Relative scope and applicability - Limitation period under S. 18, when commences in a case where no
apportionment is made by Collector i.e. when S. 30 applies - S. 18 applies to situations where apportionment made in
award is objected to by a beneficiary thereunder while S. 30 applies when no apportionment whatsoever is made by
Collector on account of conflicting claims - Thus, held, a reference under S. 18 for enhanced compensation can be
legitimately sought by the claimant after an order of apportionment is passed either by the court in reference under S. 30

or in a civil suit in his favour, and limitation period under S. 18(2) shall in such a case only commence from date when
such order/award of apportionment is either communicated to the party concerned or is known by the party concerned
either actually or constructively,
Land Acquisition Act, 1894
Ss. 18(2) and 30 - Reference - Limitation period to run from date of knowledge of award - Appellants had no knowledge
of award till reference under S. 30 was decided - Appellants filed reference under S. 18 within six weeks of order passed
in reference under S. 30 - Reiterated, expression the date of the Collector's award used in proviso (b) to S. 18(2) must be
understood to mean the date when award is either communicated to party or is known by him either actually or
constructively - It will be unreasonable to construe words from the date of the Collector's award used in proviso to S. 18
in a literal or mechanical way - Held, High Court erred in holding that reference was barred by limitation - High Court's
order set aside and order passed in reference under S. 18, restored, (2014) 2 SCC 720-B

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