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2023 Supreme(P&H) 1981

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA, J.
Krishna Devi – Petitioner
Versus
State of Haryana & Ors. – Respondents
CWP-6346 of 2022 (O&M)
Decided On : 05-07-2023

Advocates Appeared:
Mr. Himanshu Arora, Advocate; For the Petitioner(s) (in all cases)
Mr. Shivendra Swaroop, DAG Haryana.
Mr. Ankur Mittal, Advocate, for Respondent No.2.

Headnote:(A) Land Acquisition Act, 1894 - Section 18 - Challenge to rejection of application for reference - Award passed without notice to petitioner; knowledge of acquisition received late - Principles of natural justice breached - Hearing should have been afforded before rejection. (Paras 12, 13, 14)

(B) Limitation under Section 18 - The period starts from the date of knowledge of the award, not from the award date - Constructive knowledge is required for the limitation period to apply. (Paras 6, 8, 10)

Facts of the case:
Petitioner sought a reference under Section 18 after learning of land acquisition on 04.08.2020; her application was rejected on grounds of delay without an opportunity for a hearing.

Findings of Court:
The Collector did not consider the merits of the petitioner's claims and failed to adhere to natural justice principles.

Issues: Whether notice of the award was achieved, and if the application under Section 18 was filed within the limitation period.

Ratio Decidendi: The court emphasized that limitation for making an application under Section 18 begins when the party has actual or constructive knowledge; cases for adjournment and hearing necessitated by the circumstances of each case.

Result: Orders dated 16.04.2021 set aside; directions given for personal hearing.

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 Sectors 3, 5, 1 & 4 in the revenue estate of Hisar. Notification under Section 4 of the Act was issued on 19.05.2003, while declaration under Section 6 thereof was issued on 14.05.2004. Award No.13 pertaining to the acquisition was passed by respondent No 3 on 12.05.2006. It is pertinent to mention here that reference related to this acquisition was decided by Addl. District Judge, Hisar vide LAC Case No.181-LA on 05.08.2015 and this Award was upheld with modification by this Court vide judgment dated 04.03.2016 passed in RFA No.71 of 2016. It is claimed by the petitioner that she came to know about the acquisition of land on 04.08.2020 and immediately filed an application under Section 18 of the Act on 07.12.2020 before Land Acquisition Collector i.e. respondent No.3, but the same was rejected on 16.04.2021, simply on the ground of delay.

3. By way of present writ petition, challenge has been laid to order dated 16.04.2021 for quashing the same.

4. Learned counsel for the petitioner submits that Award dated 12.05.2006 was passed without any notice as well as in the absence of petitioner and no notice was received by her as contemplated under Section 12 (2) of the Act. Learned counsel further submits that despite categoric of the fact mention in the application filed under Section 18 of the Act that petitioner got the knowledge about the acquisition of land only on 04.08.2020, the same was rejected without even affording her an opportunity of hearing and adhering to the principles of natural justice. He also submits that the Land Acquisition Collector rejected the application of petitioner on the ground of delay only, the import of Section 18 of the Act was completely nullified, therefore, order dated 16.04.2021 is liable to be set aside. In support of his contentions, he places reliance upon:

    i. "Bhagwan Dass and others v. State of UP and others" in Civil Appeal No. 2069-2070 of 2010 before Hon'ble Supreme Court, reported as (2010) 3 SCC 545.

    ii. "Attar Singh and others v. Government of NCT of Delhi" in W.P.(C) 1450 of 2015, decided on 19.01.2018, before Hon'ble Delhi High Court.

    iii. "Shanti Devi & ors. v. Union of India" in W.P. (C) No. 10039 of 2016, decided on 30.11.2017 before Hon'ble Delhi High Court

5. On the other hand, prayer made herein has been opposed by learned State Counsel as well as the counsel representing respondent No. 3 while submitting that the reference related to this acquisition was decided vide LAC Case No.181-LA on 05.08.2015 and the said Award was affirmed by this Court vide judgment dated 04.03.2016 in RFA No.71 of 2016 and therefore, the application filed under Section 18 of the Act on 06.11.2020, being after considerable delay, was rightly rejected.

6. I have heard learned counsel for parties and gone through the paper-bo

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