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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Secretary (IPH) – Appellant
Versus
Mangal Devi (Died and Deleted) – Respondent
| Table of Content |
|---|
| 1. land acquisition for water scheme; lac and reference awards detailed. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. reference petition timely from knowledge of award. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. limitation starts from actual/constructive knowledge of award contents. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. compensation based on pre-notification sale deeds. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. post-notification sales unreliable for market value. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
JUDGMENT :
ROMESH VERMA, J.
1. The present appeal arises out of the award, as passed by the learned Additional District Judge Hamirpur, dated 23.9.2015, whereby the reference petition under Section 18 of the LAND ACQUISITION ACT 1894 (for short, the Act), as preferred by the claimants/respondents, has been allowed. Whereas, the respondents have filed the cross-objections for enhancement of the compensation amount.
2. The facts of the case are that the land was utilized by the present appellants-State for the construction of Water Supply Scheme (WSC) Hamirpur in village Ghanal Khurd, Mauja Bajuri, Tehsil and District Ha
Limitation under Section 18(b) of Land Acquisition Act runs from actual/constructive knowledge of award contents if no Section 12(2) notice; market value from pre-notification sales with escalation.
Sections 12 read as award of Collector when to be final.
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....
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....
Knowledge of award impacts the limitation period for seeking reference under land acquisition, and the highest sale exemplar must be prioritized for compensation valuation.
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