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The term "constructive" came up for consideration before Hon'ble the Supreme Court in Civil Appeal Nos. 1527-1536 of 2013-- Rajasthan Housing Board v. New Pink City Nirman Sahkari Samiti Ltd. and another, decided on 1.5.2015, wherein it has been opined that constructive is a legal fiction inferred by law. In that case, the issue was regarding knowledge of an award passed by the Collector under the Land Acquisition Act. Constructive notice is a notice inferred by law, as distinguished from actual or formal notice; that which is held by law to amount to notice. Relevant para thereof is extracted below:

"17........... Constructive notice in legal fiction signifies that the individual person should known as a reasonable person would have. Even if they have no actual knowledge of it. Constructive notice means a man ought to have known a fact. A person is said to have notice of a fact when he actually knows a fact but for wilful abstension from inquiry or search which he ought to have made, or gross negligence he would have known it. Constructive notice is a notice inferred by law, as distinguished from actual or formal notice; that which is held by law to amount to notice. The concept of constructive notice has been upheld by this Court in Harish Chandra (supra)."

[Emphasis supplied] In the aforesaid judgment, reference has been made to an earlier judgment of Hon'ble the Supreme Court in Raja Harish Chandra Raj Singh v. The Deputy Land Acquisition Officer and another, AIR 1961 SC 1500 dealing with the term "actual or constructive knowledge". Relevant para thereof is extracted below:

"6... The knowledge of the party affected by such a decision, either actual or constructive, is an essential element which must be satisfied before the decision can be brought into force. Thus considered the making of the award cannot consist merely in the physical act of writing the award or signing it or even filing it in the office of the Collector, it must involve the communication of the said award to the party concerned either actually or constructively. If the award is pronounced in the presence of the party whose rights are affected by it it can be said to be made when pronounced. If the date for the pronouncement of the award is communicated to the party and it is accordingly pronounced on the date previously announced the award is said to be communicated to the said party even if the said party is not actually present on the date of its pronouncement. Similarly, if without notice of the date of its pronouncement an award is pronounced and a party is not present the award can be said to be made when it is communicated to the party later. The knowledge of the party affected by the award, either actual or constructive, being an essential requirement of fair-play and natural justice the expression "the date of the award" used in the proviso must mean the date when the award is either communicated to the party or is known by him either actually or constructively. In our opinion, therefore, it would be unreasonable to construe the words "from the date of the Collector's award" used in the proviso to S. 18 in a literal or mechanical way."