Document Fragment View
Fragment Information
Showing contexts for: constructive knowledge in The Executive Engineer Jalna Minor ... vs The State Of Maharashtra And Others on 18 December, 2017Matching Fragments
Hence, for the said offer, knowledge actual or constructive of the party affected by the award was an essential requirement of fair-play and natural justice. Therefore, second part of the proviso must mean the date when either the award was communicated to the party or was known by him either actually or constructively.
12. Aforesaid reasoning would not be applicable for interpretation of Section 28-A because there is no question of issuing notice to such applicant as he is not party to the reference proceeding before the Court. The award passed by the Court cannot be termed as an offer for market price for purchase of the land. There is no duty cast upon the Court to issue notice to the landowners who have not initiated proceedings for enhancement of compensation by filing reference applications; may be that their lands are acquired by a common notification issued under Section 4 of the Act.