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HARKESH MANUJA
Dinesh Kumar – Appellant
Versus
State of Haryana – Respondent
HARKESH MANUJA, J.
CM-582-CI-2023 in RFA-442-2015
Present application filed under Order 6 Rule 17 is merely an attempt to correct the course of action at a belated stage. If application for amendment as sought for is allowed, which removes the basis of the order of a Court, then Appellate Court will be flooded with such requests and would make the hearing before the lower Court redundant. The futility of this amendment application is also substantiated from the fact that the present appeal is pending before this Court since 2015 while the amendment application has been filed in 2023, and thus, the same is dismissed.
MAIN CASE :
1. Present appeal has been filed against the decision dated 25.08.2014 passed by Ld. Additional District Judge, Gurgaon (hereinafter referred to as ‘Reference Court’); whereby reference filed by the appellants Under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred as ‘1894 Act’) against the award dated 24.01.2007 was dismissed on the ground of limitation.
2. Briefly stated, facts of the case are that notification under Section 4 of 1894 Act was issued on 27.09.2005 through which 819K 6M land, including that of the appellants, of Village Kasan, T
The knowledge of the essential contents of the award and the obligation to file a reference petition within the prescribed time are crucial for a valid reference under Section 18 of the Land Acquisit....
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 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.
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 seeking reference under Section 18(2) of the Land Acquisition Act starts from the date of knowledge of the essential contents of the award, and the provisions of the Limitat....
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.
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.
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