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1 - 10 of 13 (0.31 seconds)Section 12 in The Land Acquisition Act, 1894 [Entire Act]
Section 9 in The Land Acquisition Act, 1894 [Entire Act]
Section 19 in The Land Acquisition Act, 1894 [Entire Act]
Bal Krishan vs . H.P. Power Corporation Ltd. on 10 March, 2023
11. Reliance is also placed upon judgment dated 26.3.2024,
passed by this Court in CWP No. 9022 of 2022, titled Bal Krishan v.
The HP Power Corporation Ltd and Anr. (along with connected
matters), relevant paras whereof are reproduced herein below:
Sh. Liaq Ram Dogra vs . State Of Himachal Pradesh & Anr. on 11 July, 2022
7. Reliance is also placed upon judgment passed by Coordinate Bench
of this Court in CWP No. 2736 of 2012 titled as Liaq Ram & Ors. Vs.
State of Himachal Pradesh & Anr. Relevant paras of the afore
judgment read as under.
Article 226 in Constitution of India [Constitution]
Raja Harish Chandra Raj Singh vs The Deputy Land Acquisition Officer And ... on 30 March, 1961
If the award is treated as an administrative decision taken by
the Collector in the matter of the valuation of the property
sought to be acquired it is clear that the said decision ultimately
affects the rights of the owner of the property and in that sense,
like all decisions which affect persons, it is essentially fair and
just that the said decision should be communicated to the said
party. 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