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SHARAD KUMAR SHARMA
Pravesh Kumar – Appellant
Versus
Collector Dehradun – Respondent
JUDGMENT :
Sharad Kumar Sharma, J.
This bunch of First Appeals under Section 54 of the Land Acquisition Act, had been preferred by the respective appellants as against the impugned judgment allowing of an Application under Order 7 Rule 11 of CPC, as preferred by the respondents, consequent to which the references as made under Section 18 of the Land Acquisition Act by the Collector at the behest of the appellant has been rejected. In all these First Appeals, it’s almost a similar question, which is involved consideration; hence, they are being decided together for the purpose of brevity.
2. As far as First Appeal No. 35 of 2018 is concerned, though it too engages similar question but since there is pending substitution application being IA No. 15698/2018, seeking substitution of the heirs of the deceased appellant, who is said to have met with the sad demise on 14.08.2018. Since the said Application has been preferred well within time and remained unopposed, the same would stand allowed, the learned counsel for the appellant of this Appeal is permitted to carry out the necessary amendment and bring on record the heirs, as described in para 4 of the said Substitution Application.
3. A v
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....
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 court established that under the Land Acquisition Act, 1894, the Deputy Commissioner has a mandatory duty to make a reference within 90 days, and failure to do so, along with the claimant's inact....
Courts must verify that references under Section 18 of the Land Acquisition Act comply with statutory conditions for jurisdiction.
The court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
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