TMI Blog1991 (9) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... with a view to dispose them of finality. We are accordingly doing so by a common judgment. 2. The material facts in these petitions are substantially the same. Treating the Writ petition filed by Smt. Parbati and another as the leading case, we have taken the material facts therefrom. They are these. By virtue of an award given under S. 11 the petitioners accepted the compensation offered under protest. One Surendra Singh, whose land had been acquired under the same notification under which the petitioners' land was acquired, in a reference made under S. 18, was awarded a higher sum as compensation by the VIIIth Additional District Judge, Varanasi, on 6th May, 1989 On 1st February, 1991, the petitioners acquired knowledge of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as required by S. 12(2) and it was only on or about 13th January, 1953, that he received information about the making of the said award on 25th February, 1953, the appellant filed on application under S. 18 requiring that the matter may be referred for the determination of the Court. The Deputy Land Acquisition Officer took the view that the application made by the appellant was beyond time under the proviso to S. 18 and he rejected it. Interpreting the words 'within six months from the date of the Collector's award' as used in clause (b) of the proviso to sub-sec. (2) of S. 18 their Lordships pose the question as to whether the literal and mechanical way of construing the aforesaid clause is justified in law? Their Lordship o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an application to the Collector shall be made under this subsection, the date on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. It is thus clear from a reading of sub-sec. (1) of S. 28A along with the proviso that it is mandatory that the written application must be filed within three months from the date of the award : Failure to do so within the time prescribed will be fatal in so far as the application is bound to be rejected as having been made beyond time. It is obvious that in S. 28A the award referred to is the award of the Court upon a reference made under S. 18. It is apparent that S. 28A carves out an exception to the provisions of S. 18. 7. The Amendin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ners could not be treated as persons interested in the objections. Therefore, in law they were not parties to the proceedings before the Court. If they were not parties to the proceedings, they were not entitled to be given a notice by the Court either of the fact of the giving of the award or of the date on which the award was to be given. 8. In sub-sec. (1) of S. 28A the crucial words, are as already indicated, the date of the award The same words were interpreted by the Supreme Court in Raja Harish Chandra's case (supra). The draftsman was aware that the Supreme Court discarded the literal meaning to be given to the said words and had emphasised that the date of the award will be either the date on which notice has been re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en given a right to review his earlier order, upon fulfillment of the conditions enumerated in Section 28A, including the condition of observance of period of limitation prescribed thereunder, on the basis of a new material, namely, the award of the Court, which has come into existence subsequently. The provision of review, as contained in Section 28A, is in reality and in substance a remedial measure. The purpose is that a person should get a fair and just compensation for his property of which he is being deprived. It is trite law that, if permissible, a remedial statute should be liberally construed in favour of the person for whose benefit such a statute has been enforced. The effect of the Court should, therefore, be to suppress the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g with the application he will be entitled to exclude the time spent in obtaining the copy. However, an application for a certified copy has got to be filed within a period of three months from the date of the receipt of the notice of the award or the date of knowledge of the award either actual or constructive. An application filed within time but unaccompanied by a certified copy of the award cannot be treated even as irregular. It will be a valid application. If the Collector so likes, or if a party wants he may grant time to file a certified copy. For a quicker and expeditious disposal of the application, it will be in the interest of the applicant himself that he should file a certified copy of the award along with his application. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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