Sunday 25 September 2022

Supreme Court: Reference U/S 30 of Land acquisition Act 1894 should be made within a reasonable time

 Even in Sharda Devi's case (supra) this Court has held that even though no limitation is provided for making a reference under Section 30 the power had to be exercised within a reasonable period. This Court has held that what is the reasonable period would depend upon the facts of each given case. It appears to us that in cases where the parties have notice of the acquisition proceedings, even presuming, they can apply for a reference under Section 30, the reasonable time would be the period prescribed under Section 18. We immediately clarify that where parties do not have notice of the acquisition proceedings and/or their rights come into existence subsequent to the acquisition proceedings the starting point of limitation may be postponed but the reasonable time would be the time set out in Section 18 from the date of the knowledge or from the date they acquire rights, whichever is later.

Supreme Court of India
Meher Rusi Dalal vs U.O.I. & Ors on 5 May, 2004
Author: S N Variava

Bench: S. N. Variava, H. K. Sema
Citation: (2004) 7 SCC 362.
Read full Judgment here: Click here
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