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1 - 7 of 7 (0.19 seconds)Section 12 in The Land Acquisition Act, 1894 [Entire Act]
Article 300A in Constitution of India [Constitution]
Bhagwan Das & Ors vs State Of.U.P. & Ors on 26 February, 2010
In such a situation, the legal principle laid in paragraph 28 (iii) of the judgment in Bhagwan Das case (supra) would be applicable, which means that the period of limitation would be six months from the date on which the claimant actually or constructively came to know about the contents of the award. In the instant case, the claimant/ owner applied for payment of the award amount, though under protest, by swearing an affidavit on 24.12.1986, therefore, this date can be taken as a date on which the owner/ claimant constructively came to know about the contents of the award, in absence of there being any evidence when he actually came to know about it. Thus, limitation period of six months is to be counted from 24.12.1986. As the reference application was filed on 16.2.1987, as proved on record by the uncontroverted testimony of P.W.2, the finding of the Tribunal that the reference application was within limitation does not call for any interference.
Section 45 in The Land Acquisition Act, 1894 [Entire Act]
The Code of Civil Procedure, 1908
Article 14 in Constitution of India [Constitution]
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