Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894—s.18 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Regional and Town Planning Act, 1966 (37 of 1966) Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: Award was passed by the Reference Courtdetermining the amount of additional compensation to be paid to theappellant-trust. High Court whether justifi ed in setting aside the awardand remanding the matter to decide as to whether the Reference made waswithin the limitation as per s.18, Land Acquisition Act, 1894 and decidethe Reference afresh.Land Acquisition Act, 1894—s.18–Application made by theappelant-trust seeking reference, if was beyond the period of limitationprescribed u/s. 18 or not in consonance with the consent terms arrivedat between the parties:Held: In view of the proviso to s.18, every application to the Collectorseeking reference u/s.18 is required to be made within the time limitprescribed in the proviso thereto – However, in the instant case, the partieshaving entered into the consent terms on 20.10.1997 after the award u/s.11was made on 12.01.1996, and the respondent having specifi cally agreed topay the compensation awarded u/s.11 and take over the vacant and peacefulpossession of the lands in question from the appellant as also having agreedto make reference to the District Court for the determination of marketvalue of the said lands as on 17.12.1994, it did not lie in the mouth of therespondent- Committee to say that the application made by the appellanttrustseeking reference to the District Court was beyond the period oflimitation prescribed u/s.18 or was not in consonance with the consent terms arrived at between the parties – Since the consent terms as well as thedirections contained in the order of High Court were silent as to within whatperiod the appellant should make application to the respondent-Collectorseeking Reference u/s.18, the respondent-Committee taking undue advantageof such ambiguity in the consent terms, raised the issue of limitation beforethe Reference Court – Reference Court rightly held that the Referencewas fi led with the Collector within the period of limitation as per theorder passed by the High Court – High Court erred in interfering withthe said well-reasoned fi ndings and in setting aside the entire award andremanding the matter back to the Reference Court for deciding it afresh– Impugned judgments passed by the High Court ex facie erroneous, setaside.[Paras 7 and 9]Interpretat ion of Statutes – Doctrine of HarmoniousConstruction:Held: As per the rules of doctrine of harmonious construction, thedocument has to be read as a whole and in its totality – If there is anyambiguity either patent or latent, in any of the clauses of the document,the Courts should interpret such clause in such manner which is consistentwith the other clauses and with the purpose and intent of the partiesexecuting it.[Para 8] |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 750 |
Petitioner | Shri Nashik Panchavati Panjarpol Trust And Ors. |
Respondent | The Chairman And Anr. |
SCR | [2023] 11 S.C.R. 594 |
Judgement Date | 2023-08-22 |
Case Number | 2857 |
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