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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Baby Chatterjee (Mondal) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Debangsu Basak, J.
1. Ten appeals are taken up for analogous hearing as they emanate out of the same order passed in ten different writ petitions.
2. The orders under appeal are all dated September 24, 2014.
3. By the impugned order, the learned Trial Judge, held that the application made under Section 18 of the Land Acquisition Act, 1894 was not within the prescribed time. Therefore, the learned Trial Judge proceeded to dismiss the writ petitions.
4. Aggrieved, the appellants/writ petitioners are before us.
5. Learned Advocate appearing for the appellants submits that, neither a copy of the award was served upon any of the appellants nor was a notice under Section 12 (2) of the Land Acquisition Act, 1894 served upon any of the appellants. He submits that, the period of limitation prescribed under Section 18 of the Act of 1894 commences, upon fulfilment of the criteria specified therein. None of the appellants were aware of the award or its contents. No notice, as noted above, under Section 12(2) of the Act of 1894 was served upon the appellants.
6. Relying upon AIR 2018 Supreme Court 3536 (Vijay Mahadeorao Kubade v. State of Maharashtra & Anr.), he submits that, limitation pre
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.
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 main legal point established in the judgment is that the finding on the point of limitation for filing a reference under Section 18 of the Land Acquisition Act must be based on evidence and reaso....
The court affirmed that the limitation period under Section 18 of the Land Acquisition Act applies, rejecting the petitioner's claims of ignorance regarding the award proceedings.
Delay in filing reference petitions under the Land Acquisition Act may lead to dismissal if it exceeds statutory time limits, regardless of claims of ignorance about award announcements.
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....
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