Published on: 28 August 2023 at 09:00 IST
Court: Supreme Court
Citation: Shri Nashik Panchavati Panjarpol Trust V. Chairman (2023)
Honourable Supreme Court of India has held that as per the Rules of Doctrine of Harmonious Construction, the document must be read as a whole and in its totality. If there is any ambiguity either patent or latent, in any of the clauses of the document, the courts should interpret such clause in such manner which is consistent with the other clauses and with the purpose and intent of the parties executing it.
6. Now, since the consent terms as well as the directions contained in the order of High Court were silent as to within what period the appellant should make application to the respondent-Collector seeking Reference under Section 18 of the Act, the respondent-Committee taking undue advantage of such ambiguity in the consent terms, raised the issue of limitation before the Reference Court. Such a plea raised after taking over the possession of lands in question from the appellant was not only not in consonance with the tenor of the consent terms but it smacked of ulterior motive on the part of the respondent.
The High Court while disposing of the Writ Petition No. 607 of 1996 had given directions in terms of the consent terms, and both the parties were expected to act accordingly. In view of said directions given by the High Court, the issue of limitation contained in Section 18 of the Act had clearly paled into insignificance, and the respondent could not have raised such a plea before the Reference Court or before the High Court.
Drafted By Abhijit Mishra