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Showing contexts for: constructive knowledge in Deced. Dhanna Thru. Lrs. Maansingh vs The State Of Madhya Pradesh on 11 February, 2025Matching Fragments
31. Actual or constructive knowledge of the contents of the award can be established by the Collector by proving that the person interested had received or drawn the compensation amount for the acquired land, or had attested the mahazar/panchnama/proceedings delivering 15 FA-240-2015 possession of the acquired land in pursuance of the acquisition, or had filed a case challenging the award or had acknowledged the making of the award in any document or in statement on oath or evidence. The person interested, not being in possession of the acquired land and the name of the State or its transferee being entered in the revenue municipal records coupled with delay, can also lead to an inference of constructive knowledge. In the absence of any such evidence by the Collector, the claim of the person interested that he did not have knowledge earlier will be accepted, unless there are compelling circumstances not to do so."
(emphasis supplied)
14. It hence has to be ascertained as to whether the appellants had acquired actual or constructive knowledge of the award. In this regard, it is observed that on 23.09.2002, the appellants had filed an application before the Land Acquisition Officer for enhancement of the amount of interest awarded to them under the award dated 25.06.1994 on the ground that the amount of compensation has been paid to them belatedly. On their application supplementary award as regards interest was passed by the Land Acquisition Officer on 01.08.2003. In the aforesaid application, the appellants had specifically stated that the award has been passed on 25.06.1994 and that the amount of compensation as determined therein has been paid to them between 25.01.1996 and 31.01.1996. A perusal of the said application emphatically shows that the appellants had actual knowledge of the award dated 25.06.1994 and its content and they had also received the amount of compensation as determined thereunder.