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Showing contexts for: constructive knowledge in Jagdish vs Union Of India & Ors on 27 July, 2018Matching Fragments
4. That the LAC (West) reframed the matter under Section 30-31 of LA Act to this Court and sent the compensation amount of Rs.10,11,533.00 to the ADJ Court and finally this Court decided the reference under Section 30- 31 of L.A. Act vide judgment dated 02.11.2015, and released the compensation amount in favour of the applicant.
5. It is stated that after decision of reference under Section 30-31 of L.A. Act, the applicant has also filed reference under Section 18 of L.A. Act as per the decided case of Hon'ble Supreme Court of India titled as Madan vs. State of Maharashtra 2014 (2) SCC 720 as per the said Judgment, for filing of reference under Section 18 of L.A. Act after decision of reference under Section 30-31 of L.A. Act, the limitation period starts from the date of judgment of decision of reference under Section 30-31 of L.A. Act and in the present case the applicant has filed the reference under Section 18 of L.A. Act within the period of limitation. The applicant also cited one judgment of Hon'ble Supreme Court of India titled as Parsottm Bhal Maganwai and other vs. State of Gujarat through Deputy Collector, Modasa and another - 2005 SCR 801, wherein it was held that Limitation under Section 18(2)(b) of the Act has to be calculated from the date of knowledge of declaration of award either actual or construction and in present case the applicant got the constructive knowledge when reference under Section 30-31 of L.A. Act decided by this Court i.e. on 02.11.2015, meaning thereby the applicant could got the knowledge of his exact compensation amount from the judgment dated 02.11.2015 of reference under Section 30-31 of L.A. Act.
7. It is also stated that this Court erroneously interpreted the judgment of Hon'ble Supreme Court and could not apprise the argument of the applicant, which was completely based on the Supreme Court Judgments and in the cited case it was clearly held that limitation period for filing of reference under Section 18 of L.A. Act, the limitation period starts from the date of judgment of reference under Section 30-31 of L.A. Act as only then the applicant got the actual and constructive knowledge, regarding award, it is also worth mentioning here that the actual and constructive knowledge means, when the applicant got / received the knowledge regarding amount of compensation and in the present case the applicant got the actual and constructive knowledge when the judgment dated 02.11.2015 was passed. The application be allowed and Judgment dated 05.09.2017 may be reviewed and set aside.