ASHOK KUMAR AND ORS. versus STATE OF HARYANA AND ANR.

ASHOK KUMAR AND ORS. versus STATE OF HARYANA AND ANR.

The period during which action or proceeding is stayed by court order must be strictly computed as per the express terms of the court's orders; where an injunction is granted up to a particular date and not extended, only that period is excluded. Orders of injunction do not continue indefinitely unless expressly extended. The declaration under Section 6 made after the expiry of the statutory period, excluding only the period covered by the operative injunction, was void and without effect.

Parties
Appellants: Ashok Kumar and Ors.; Respondents: State of Haryana and Anr.
Jurisdiction
India
Judgment Date
23 January 2007
Procedural Posture
Civil Appeal / Appeal From the Final Judgments and Orders Dated 16.10.2003 and 30.9.2004 of the High Court of Punjab and Haryana at Chandigarh in C.w.p. No. 11329/2002 and R.a. No. 419/2003 in C.w.p. No. 11329/2002
Outcome
Appeal allowed. High Court judgment set aside.
Legal Topics
Limitation Under Section 6 of the Land Acquisition Act, 1894, Computation of Period of Injunction/stay, Interpretation of Court Orders on Stay/injunction
Land Acquisition Limitation Under Section 6 of the Land Acquisition Act, 1894 Computation of Period of Injunction/stay Interpretation of Court Orders on Stay/injunction

Case Brief

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Parties

Ashok Kumar and Ors.

Appellants

State of Haryana and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From the Final Judgments and Orders Dated 16.10.2003 and 30.9.2004 of the High Court of Punjab and Haryana at Chandigarh in C.w.p. No. 11329/2002 and R.a. No. 419/2003 in C.w.p. No. 11329/2002

Legal Issues

  1. 1 Whether the order of ad interim injunction under Section 4(1) of the Land Acquisition Act, 1894 was operative till 09.09.1998 or 19.08.2000 for the purpose of computing limitation under Section 6.

Ratio Decidendi

The period during which action or proceeding is stayed by court order must be strictly computed as per the express terms of the court's orders; where an injunction is granted up to a particular date and not extended, only that period is excluded. Orders of injunction do not continue indefinitely unless expressly extended. The declaration under Section 6 made after the expiry of the statutory period, excluding only the period covered by the operative injunction, was void and without effect.

Court Disposition

Appeal allowed. High Court judgment set aside.

Orders

  • The judgment of the High Court is set aside.
  • The appeal is allowed.