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Sunday, 9 February 2014

It is not permissible to extend period of limitation on equitable grounds if statute does not permit the same



Popat Bahiru Govardhane v. Land Acquisition Officer, (2013) 10 SCC 765

Ss. 28-A and 18 - Re-determination of compensation by Collector under S. 28-A - Whether barred by limitation -
Limitation for filing application under S. 28-A being 3 months from date of award - Party applying for certified copies and
certified copies being ready for delivery in 2 days - But party filing application under S. 28-A after 3 months 15 days from
date of award (if 13 days time is excluded as per S. 28-A(1) proviso, then the delay was of 2 days) - Considering: (a) that
land Acquisition Collector is not a court but a quasi-judicial body, and (b) that the principle of limitation starting from date
of knowledge of award being applicable only to S. 18 and not to S. 28-A and that there were no precedents which directly

applied the said principle to S. 28-A - Appellants were claiming this benefit as they were not parties to the reference in
which the award concerned was made - Held, appellants barred by limitation from applying under S. 28-A - Therefore,
the order of Collector not interfered with, 
S. 5 - Applicability to proceedings before Collector under S. 28-A, LA Act - Reiterated, Limitation Act applies to courts
and not to quasi-judicial authorities, (2013) 10 SCC 765-B
Limitation
Condonation of Delay
Need for strict compliance with statutory scheme - Not permissible to extend period of limitation on equitable grounds if
statute does not permit the same, (2013) 10 SCC 765-C

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