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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Sangeeta K.Vishen, Mool Chand Tyagi
Heirs of Deceased Aher Naran Maiya Bhupat Naranbhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
1. Since the captioned group of appeals, is arising out of the common judgment dated 03.11.2018 (hereinafter referred to as the ‘impugned judgment’), with the consent of the learned advocates appearing for the respective parties, they are heard together and are being decided by this common oral judgment. For the sake of convenience, parties are referred to as per their status in the reference proceedings.
2. Captioned group of appeals, is arising out of the impugned judgment passed by the learned Principal Senior Civil Judge in LAR Nos.1/2014 to 7/2014; LAR No.10/2014; LAR Nos.11/2014, 13/2014 to 17/2014, LAR Nos.19/2014 and 20/2014 whereby the reference has been rejected on the ground of the reference cases being barred by limitation.
3. Mr. Nitin M. Amin, learned advocate for the appellant, submitted that the award was declared on 23.01.1995 followed by notice under sub-section (2) of Section 12 of LAND ACQUISITION ACT , 1894 (hereinafter referred to as the ‘Act of 1894’) on 25.08.1995, however, the notice did not accompany the award. In absence of receipt of the copy of the award, on 05.09.1995, the claimants applied for certified copy which was rea
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.
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.
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 court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
The period for seeking reference under the Land Acquisition Act runs from the date of knowledge of the award, ensuring fairness in the process.
The Referral Court lacks jurisdiction to entertain a reference made outside the statutory limit prescribed by the Land Acquisition Act, reinforcing the mandatory nature of compliance with statutory t....
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