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HARKESH MANUJA
Krishna Devi – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to rejection of land acquisition application. (Para 1 , 2 , 3) |
| 2. arguments regarding the lack of notice and principles of natural justice. (Para 4 , 5) |
| 3. interpretation of limitations in section 18 based on knowledge of award. (Para 6 , 7 , 8 , 9 , 10) |
| 4. judicial precedents supporting the requirement for personal hearing. (Para 11 , 12) |
| 5. procedure for handling applications under section 18. (Para 13 , 14) |
| 6. directive for land acquisition collector to reconsider application. (Para 15 , 16 , 17) |
JUDGMENT
Harkesh Manuja, J.
By way of present writ petitions, challenge has been laid to order(s) dated 16.04.2021 passed by Land Acquisition Collector, Urban Estate Deptt., Hisar, Haryana, rejecting the application(s) made by the petitioner(s) under section 18 of LAND ACQUISITION ACT , 1894 (hereinafter referred as "the Act"). Since the factual matrix as well as the point of law involved in all these cases is identical, the same are being taken together. For convenience, the facts are being taken from CWP 6346 of 2022.
2. Briefly stated, facts of the case are that land of the petitioner was acquired for the purpose of development of commercial and residential Sec
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 Referral Court lacks jurisdiction to entertain a reference made outside the statutory limit prescribed by the Land Acquisition Act, reinforcing the mandatory nature of compliance with statutory t....
The mandatory nature of the provisions under Section 18 of Act, 1894, and the requirement for the application to be made within the prescribed time limit.
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