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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
G.BASAVARAJA
Shrikant S/o Bhavu Desai – Appellant
Versus
Special Land Acquisition Officer, Dharwad – Respondent
| Table of Content |
|---|
| 1. overview of land acquisition and revision petition filing (Para 1 , 2) |
| 2. respondent's objections to the revision petition (Para 3 , 5 , 6) |
| 3. trial court's dismissal reasoning (Para 4) |
| 4. points of consideration for the court (Para 7) |
| 5. reference of section 12(2) of the la act (Para 8) |
| 6. notice requirements under the land acquisition act (Para 10 , 11) |
| 7. failure of evidence and due service (Para 12 , 19) |
| 8. legal precedents regarding service of notice (Para 13 , 14 , 15 , 16 , 17) |
| 9. constitutional provisions regarding property rights (Para 18) |
| 10. final opinion and determination of limitation (Para 20) |
ORDER :
1. The Revision Petitioner has preferred this revision petition against the order dated 9th January, 2019 passed in Misc. No.23 of 2017 by the Senior Civil Judge, Haliyal (for short hereinafter referred to as “the trial Court”).
2. The brief facts leading to this Revision Petition are as follows:
The petitioners filed an application under Section 18(3)(b) of the LAND ACQUISITION ACT , 1894 (for short, “the LA Act”), seeking a direction to the respondent to forward the reference application filed by them under Section 18(1) of the LA Act. It is stated in the applica
The notice of award under Section 12(2) of the Land Acquisition Act must contain essential details for starting the limitation period; failure to serve proper notice invalidates the dismissal of clai....
The limitation period for filing a reference petition under the Land Acquisition Act begins from the date of knowledge of the award's contents, and the burden of proving notice issuance lies with the....
The limitation period for filing a reference petition under the Land Acquisition Act begins when the landowner has actual knowledge of the award's contents, not merely from the award's passing date.
The limitation period under Section 18 of the Land Acquisition Act, 1894 commences from the date of service of the notice of the award upon the landowner.
Timely communication of the award's contents is mandatory; failure results in the reinstatement of claims despite delays in processing.
The duty of the Collector to provide notice and award to the affected parties and the necessity of framing the issue of limitation under Section 18 of the Land Acquisition Act.
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