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Supreme Court of India 2023-08-22 allowed

TRUST & ORS vs THE CHAIRMAN & ANR

Bench: 2 — Bela M. Trivedi, Dipankar Datta

In Brief

A trust sought to acquire land valued at a settlement date through a consent settlement in a writ petition challenging a land acquisition award. The High Court approved the settlement but did not specify the deadline for filing a reference application under Section 18 of the Land Acquisition Act. After receiving compensation and handing over possession, the trust filed the reference application. The Market Committee later challenged this as time-barred. The Supreme Court held that the statutory limitation must be read harmoniously with the settlement terms, and that the application was properly made after fulfilling the primary obligations. Taking the limitation plea after accepting possession constituted an improper reversal inconsistent with the settlement's purpose.

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Land Acquisition Limitation Civil Procedure Contract Law Doctrine of Harmonious Construction

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