Back
SALIL KUMAR RAI, ARUN KUMAR SINGH DESHWAL
Agya Pal Sareen – Appellant
Versus
Addl. District Magistrate Land Acquisition – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard learned counsel for the petitioner, Sri Anuj Srivastava, learned counsel for the respondent no.2 and learned Standing Counsel for the respondent Nos.1 and 3.
2. By means of present petition, the petitioner has challenged the order dated 27/28.04.2007 passed by respondent no.1 by which application for petitioner under Section 18 of U.P. Land Acquisition Act, 1894 (herein after referred to as the ‘Act, 1894’) for referring the matter for determination of court regarding amount of compensation was rejected on the ground that the same was time barred.
3. Factual matrix of the present case is that the State has issued notification dated 06.01.1992 under Section 4 of the ‘Act, 1894’ and thereafter notification dated 22.09.1992 under Section 6 of the ‘Act, 1894’ for acquiring the land for plan development by respondent no.2-Noida Development Authority. By way of above notification, 1/3rd part in Khasra No. 151 belongs to petitioner in village Hazipur, Pargana and Tehsil Dadari, District-Gautam Budh Nagar was acquired. The award for the portion land of the petitioner in Khasra No.151 was also given on 13.01.2004 by respondent No.1. After deliver
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....
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.
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 period for seeking reference under the Land Acquisition Act runs from the date of knowledge of the award, ensuring fairness in the process.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
