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HIGH COURT OF JAMMU AND KASHMIR
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, J
ABDUL SALAM DAR – Appellant
Versus
UNION TERRITORY OF J AND K AND OTHERS. (REVENUE DEPARTMENT) – Respondent
JUDGMENT :
1. These two appeals have arisen out of common judgement dated 19th September 2022. Let me first take up appeal, being RFA 10/2023.
RFA no.10/2023
2. This Civil First Appeal under Section 52 of the Land Acquisition Act is directed against the Award dated 19th September 2022, passed by Principal District Judge, Anantnag (for short “Trial Court”) on File Nos. 1/Reference and 2/Reference, by which reference petitions made by Collector, Land Acquisition, Anantnag, under Section 18 have been dismissed on the ground of being time barred and for setting-aside the same.
3. I have heard learned counsel for parties and considered the matter.
4. The grounds of challenge, inter alia, are that impugned award is bad in the eye of law; that Trial Court has not framed any issue regarding claim of appellants being time barred; that at the time of approaching Collector, Land Acquisition, Anantnag, appellant filed application for condonation of delay; that appellant could not approach Collector within time as he was having no knowledge about Section 18 of Land Acquisition Act; that since no award has been framed in the matter by Collector, as such, appellant could not approach Collector within
The court affirmed that knowledge of the award and failure to provide valid reasons for delay in filing a reference application under the Land Acquisition Act justified the dismissal of the appeal.
Timely filing of applications under Section 18 of the Land Acquisition Act is crucial; failure to do so without valid reasons results in dismissal of appeals.
Timely communication of the award's contents is mandatory; failure results in the reinstatement of claims despite delays in processing.
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....
Misleading claims and misrepresentation of facts can disqualify an appellant from maintaining an appeal.
The court established that the time taken to obtain a certified copy of a court award is excluded from the limitation period under Section 28A of the Land Acquisition Act.
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