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B. BHATTACHARJEE
Prakash Momin – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
B. Bhattacharjee, J. - By this writ petition under Article 226 of the Constitution of India, the petitioner has raised his grievance against the inaction on the part of the respondents, particularly the respondent No.2, to consider his written application seeking reference of the matter pertaining to the acquisition of his land under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) to the Reference Court.
1. The brief fact of the case is that a portion of the petitioner's land situated at Mendipathar, East Garo Hills District (now North Garo Hills District), was acquired by the Government for construction of a new railway line from Dudhnoi to Mendipathar. The acquisition proceeding was initiated by issuance of notification dated 24-11-2009 and public notice dated 30-11-2009 under Section 4 of the Act. In view of the emergency of the project, the provision of Section 17 (4) of the Act was invoked and the petitioner was paid the initial compensation of 80 % on 30-08-2011 and the remaining 20 % on 1710-2012. The petitioner received the aforesaid compensation under protest and subsequently by a written application made a request to the respondent
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....
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 main legal point established is that the reference Court must decide the claim on merits and determine the market value afresh based on the material produced before it, following the guidelines s....
Timely communication of the award's contents is mandatory; failure results in the reinstatement of claims despite delays in processing.
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