Case: Bihar State Housing Board Vs. State Of Bihar

A notification under Section 4 of the Act was issued and published in District Gazette on 16.3.1989 and was subsequently published in two daily newspapers on 29.4.1989 and local publication was made on 20.3.1989. Publication of the declaration under Section 6 of the Act was made on different dates in the following manner: (a) in the District Gazette on 1.2.1990 (b) daily newspapers on 27.2.1990 and (c) local publication on 15.3.1991. The award under Section 11A of the Act was made on 25.3.1992.4. A Writ application was filed by the landowner (respondent no.5 herein) before the Patna High Court taking the stand that the award was made after the expiry of two years period as reckoned from the date of publication of the declaration on 27.2.1990 when it was published in two local daily newspapers. Referring to Section 11A of the Act the plea was accepted. This Courts judgment in Kaliyappan vs. State of Kerala and others (AIR 1989 SC 239 ) was referred to for upholding the stand of the landowner. Challenge before the Division Bench did not yield any result to the present appellant, for whose benefit the land was acquired. An application for review was filed which was dismissed by the impugned judgment by taking the view that there was no scope for review of the judgment and what was attempted to be done in essence amounted to appeal in the guise of a review petition.

Reasoning: 10. The decision in Kaliyappans case (supra) was on different aspect of the problem raised in the factual position presented in that case, and did not deal with the question of the nature involved in the present appeal. Even in that case, this Court observed that under Section 11A, the Collector is empowered to make an award within two years from the date of publication of the declaration meaning thereby that it will be till the expiry of the last date of the period of two years. The further question as to how the said period is to be computed did not arise in that case, as in the present case. Therefore, no assistance is available to the respondent-land owner from that decision. On the contrary, the decision in Eugenio Misquita and others vs. State of Goa and others (1997 (8) SCC 47 ) was rendered on identical legal set up after advertising to the relevant distinctions in computing the period of limitation for making the declaration under Section 6 in contrast to the one for computing the period of limitation stipulated for making the award under Section 11A of the Act, in the special context of the mandate contained in Sub-section (2) of Section 6 of the act. We are in respectful agreement with the principles laid down therein and the same squarely governs this case, in favour of the stand taken for the appellant, the limitation having necessarily to be computed from the last of the publication viz., 15.3.1991.