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HARKESH MANUJA
Amar Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Harkesh Manuja, J. (Oral)
By way of present appeal, challenge has been laid to an award dated 29.01.2018 passed by the Addl. District Judge, Kurukshetra (hereinafter to be referred as 'Reference Court'), whereby the reference petition invoked under section 18 of the Land Acquisition Act, 1984 (hereinafter to be referred as 'the 1894 Act') at the instance of appellants/landowners was dismissed being time barred.
2. Briefly stating, land owned by the appellants, situated within revenue estate of village Chhapra, Tehsil Shahabad, District Kurukshetra was sought to be acquired vide notification dated 27.03.2012 issued under Section 4 of the 1894 Act, followed by notification dated 27.03.2013, issued under Section 6 thereof.
3. The award dated 04.07.2013 was passed by the Land Acquisition Collector under Section 11 of the 1894 Act, whereby the market value of the acquired land was determined @ 28 lakhs per acre, besides grant of other statutory benefits.
4. Aggrieved against the aforesaid award dated 04.07.2013, the appellants/landowners invoked Section 24 along with Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettl
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.
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.
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 under Section 18 of the Land Acquisition Act, 1894 commences from the date of service of the notice of the award upon the landowner.
The court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
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