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Judgment
Jyotsna Rewal Dua, J
Notice. Mr. Anil Jaswal, learned Additional Advocate General, appears and accepts service of notice on behalf of the respondents.
Looking into the nature of controversy involved in this petition, with the consent of learned counsel for the parties, the same is being disposed of at this stage.
Award No. 221, dated 25.2.2020 was passed in favour of the petitioner under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Notice under Section 37(2) of the Act was served upon the petitioner on 4.3.2020. Application under Section 64 of Act of 2013 was filed by the petitioner on 24.11.2020 for making reference for determining proper compensation as per market rate. This application has been dismissed by the Land Acquisition Collector, North Zone, HPPWD, District Kangra/respondent No. 2 vide order dated 3.12.2020 as time barred having not been made within 42 days from the date of receipt of notice under Section 37(2) of the Act. Feeling aggrieved, instant petition has been preferred under Article 227 of Constitution of India.
Heard. Hon'ble Apex Court in suo motu writ petition (civil) No. 3/2020 passed an order on 23.3.2020 that period of limitation in all petitions/applications/suits/appeals/all other proceedings irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15.3.2020 till further orders. The order was passed in exercise of power under Article 142 read with Article 141 of the Constitution of India. The Apex Court also declared that the order would be binding within the meaning of Article 141 on all courts/tribunals and authorities. On 8.3.2021 the suo motu writ petition (civil ) No. 3 of 2020 was disposed of with following directions:
"1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
In case where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply.
The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
The Government of India shall amend the guidelines for containment zones, to state.
"Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements........"
The period of limitation, has to be computed in terms of the directions passed by the Hon'ble Apex Court in the order dated 8.3.2021 readwith order dated 23.3.2020. The respondent No. 2 without noticing the mandate of these directions, has, therefore, committed an error in dismissing the application preferred by the petitioner under Section 64 of Act of 2013 on ground of being barred by limitation. The petition, therefore, is allowed. The impugned order is quashed and set aside. The parties through learned counsel are directed to appear before respondent No. 2 on 5.4.2021. The matter thereafter be proceeded further in accordance with law.
Copy Dasti.