Why none of the experts is not answering? please resolve query
Dr Sangh Mittra
(Querist) 26 May 2015
This query is : Resolved
In Land Acquisition of my small parcel of Land in Haryana the Sections 4& 6 Notification were on 26.09.2007 and 25.09.2008.
The Award was passed on 24.09.2010.
No copy of the award was communicated to me till date.
I kept representing requesting for release of land. Got assuring replies.
On 02.06.2014 I was told during my personal visit to Govt office that my case had been rejected on 01.03.2013
If I file the Writ Petition will it be within permissible period- not barred by limitation?
Regards,
Dr Roshni Justin
drroshnijustin@gmail.com
Dr Sangh Mittra
(Querist) 26 May 2015
Sir,
Having stated above, all I want to know is that in the case of Land Acquisition of my land if I file the writ Petition in the High Court praying for the quashing of Impugned Land Acquisition proceedings will my writ Petition be treated as barred by limitation or can it be entertained.
The cause of action accrued on 02.06.2014 when I came to know of the rejection. I kept corresponding after that but my Lawyer friend says correspondence does not extend limitation.
Please advise if the Writ Petition under section 226/227 of the Constitution of India is the case of Land acquisition filed is barred by limitation or not
Devajyoti Barman
(Expert) 26 May 2015
Th writ petition is expressly barred by limitation but writ petitions are to be filed within reasonable time.
In your case if you can able to show that till this date you were not awre of the acquisition as all your letters remains responded then the court may entertain your writ application.
Guest
(Expert) 26 May 2015
In the part of sentence, "rejected on 01.03'" what is this "01.03"?
Also, are you really an advocate, as shown in your profile?
Dr Sangh Mittra
(Querist) 26 May 2015
Thanks. Dhingra Sahib, I have modified the year had gone missing while cutting and pasting from the long story that I shortened.
Yes, I am really an Advocate. The problem is that I was in the Services and its only after my retirement I am in to it , actively.
The case of Land Acquisition is my personal.
Had purchased in 1989 a residential plot in haryana.
I was posted away in Bangalore area.
I got retired on 25.09.2010.
Came home on to plot and found that my parcel of land had been acquired
Section 4 Notification 26.09.2007
Section 6 Notification 25.09.2008
Award on 24.09.2010
The objections had been filed jointly on behalf of the Society- including that of my land.
I had never got the Notifications, nor could get the newspapers which were local
No Notice under Section 9(4) was sent to me.
No intimation of Award was sent to me nor till date.
I kept representing. Got assuring replies.
in March 2013 a plot in the same area was released by Hooda Govt and the owner was asked to pay development charges.
I went to check the status of my case on 02.06.2014 by chance to urban estates office and they told me your case had been rejected on 01.03.2013.
I asked a copy of the letter which was given to me with their letter dated 02.06.2014 with anclosure of letter dated 01.03.2013.
I kept corresponding. No replies at all.
Now have hired an Advocate who has prepared the case and is to file it my LINGERING DOUBT IS IS MY WRIT BARRED MY LIMITATION or would it be entertained.
Thanks,
You have been helpful to all in service matters, including advising me earlier.
Regards,
Dr SM
R.K Nanda
(Expert) 26 May 2015
already replied.
Guest
(Expert) 26 May 2015
Dear Dr. Sangh Mitra,
Thanks for your detailed description of the case. Otherwise, your original query was quite insufficient to provide the bare necessary facts for appropriate reply. Even now, an important date of representation containing objections filed jointly on behalf of the Society- including that of your land is missing in your description. However, date of award matters much, so far as the limitation can be taken in to consideration.
To be frank and make it clear, why I asked you whether you are an advocate or not, your query on limitation act was not appropriate without your own views. You being an advocate, that question would have been valid, had you come forward with your real doubt while expressing your own views on the limitation act after properly analysing the provisions of the act.
Even now, since you have stated that, you "have hired an Advocate who has prepared the case and is to file it," if you don't mind, you have not given the views of your own advocate also.
Both of you being advocates, for purposeful discussion or advice, it would have been better had you expressed views of both of you.
However, in my views, your case should not be barred by limitation, as the case was kept alive up to 02.06.2014 on your representations and even award having been given only on 01.03.2013.
However, to avoid any controversy at the admission stage, it would be better to file a misc. application also along with the case for condonation of delay, IF THE COURT CONSIDERS SO, while the chances can be negligible in my views.
Dr Sangh Mittra
(Querist) 26 May 2015
Dhingra Sir,
Thanks for your kind reply.
I wish all others were like you. But that can not be.
The letter of Rejection given to me on 02.06.2014 was dated 01.03.2013. May be there is slip in typing.
"However, in my views, your case should not be barred by limitation, as the case was kept alive up to 02.06.2014 on your representations and even award having been given only on 01.03.2013".
I had kept the issue alive by sending letters, Notices and the last letter being dated 04.05.2015. But the Advocate hired by me says these all are not required. Further since the date of rejection was 01.03.2013 conveyed to me on 02.06.2014, he says its in limitation.
Problem is that I would not be able to speak myself as I have hired the Advocate
The matter is listed and coming up for hearing. I need your best wishes.
I would keep my well wishers posted, if it can be done.
Regards,
Dr SM
Guest
(Expert) 26 May 2015
Dear Dr. Sangh Mitra,
Thanks for your appreciation.
About your case, even if the HUDA letter, was backdated to 01.03.2013 and even if your correspondence beyond that date is not taken in to account, the crucial date of award/ letter by the concerned authority, i.e., 01.03.2013 and your dated recipt for delivery of award would matter much for your case for the purpose of being within the limitation.
If you can plead your case effectively, you can fight your own case with the permission of the judge.
Rajendra K Goyal
(Expert) 02 June 2015
Agree with the advise of expert PS Dhingra ji.
