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RAHUL BHARTI
Krishna Devi – Appellant
Versus
Collector Land Acquisition – Respondent
JUDGMENT
Rahul Bharti, J. - Heard learned counsel for the parties.
1. Vide a land acquisition award no. 129-33/Acq. Dated 09.06.2004, the Collector Land Acquisition, Ramban came forward with acquisition of 204.11 kanals of land in village Dharmoind tehsil Ramban for defence related public purpose which was construction of a Defence Complex.
2. Some of the khasra numbers coming under the land acquisition in terms of the award were khasra no. 244 (04 kanals 02 marlas), khasra no. 245 (03 kanals 17 marlas) and khasra no. 246 (10 kanals 16 marlas) with respect to which claim of ownership and compensation is said to be that of the appellant herein. In the land acquisition award referred above the assessment of compensation for the land bearing Gair Mumkin nature was Rs. 12,000/- whereas for the land bearing nature Warhal Changi was Rs. 42,000/-.
3. The appellant whose land falling in khasra no. 244 (9.2 kanals), khasra no. 245 (3.17 kanals) and khasra no. 246 (10.16 kanals) in village Dharmoind, Ramban was claim to have fallen in the acquisition in terms of the aforesaid award, felt dissatisfied with a quantum of compensation offer aforesaid land assessed at the rate of Rs. 12,000/- per kan
Misleading claims and misrepresentation of facts can disqualify an appellant from maintaining an appeal.
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....
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.
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