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SANJAY S. AGRAWAL
Anju Mishra, W/o. Shri Suresh Kumar Mishra – Appellant
Versus
State of Chhattisgarh, Through Secretary, Department of the Revenue – Respondent
ORDER :
Sanjay S. Agrawal, J.
1. By virtue of this petition, the petitioner-Smt Anju Mishra is questioning the legality and propriety of the order dated 06/08/2020 (Annexure P-1) (wrongly mentioned in the petition as 05/08/2020) passed by the Respondent No.2-Collector, Bilaspur, District Bilaspur (C.G.) whereby, the application preferred by the petitioner under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act, 2013”), has been rejected holding it to be barred by time.
2. Learned Counsel appearing for the petitioner submits that the findings recorded by the Respondent No.2 rejecting the said application by holding the same to be barred by time, is apparently contrary to law. It is contended further that the petitioner was not aware regarding the pronouncement of the award, dated 07/06/2017 and she came to know only when the certified copy of the same was delivered to her on 02/07/2020 and, therefore, the application as was made immediately thereafter on 14/07/2020 ought not to have been held to be barred by time. In support, he placed his reliance upon the principles laid do
The period for seeking reference under the Land Acquisition Act runs from the date of knowledge of the award, ensuring fairness in the process.
Knowledge of the award is crucial for invoking the statutory provisions for reference under the Land Acquisition Act, and failure to demonstrate lack of knowledge results in dismissal of the applicat....
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.
Timely communication of the award's contents is mandatory; failure results in the reinstatement of claims despite delays in processing.
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 applications under Section 64 of the Act is calculated from the date of the modified award, not the original award.
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
The court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
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