Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Ss. 14 and 18 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894, Ss. 14 and 18 - Power of Collector to make a reference under s. 18 circumscribed by fulfilment of conditions laid down therein - Duty and jurisdiction of court to go behind the reference made on time barred application and decline to answer it. The appellant's land was acquired by the State Government under s. 5 of the Hyderabad Land Acquisition Act, A notification under s. 3 (1) was published on the 28th February, 1958 and on the 13th of January, 1962 the Land Acquisition Officer, Aurangabad, made an award directing payment of compensation inclusive of 15% solatium to the appellant at the rate of 37 n.p. per sq. yard as against his claim for payment of compensation at the rate of Rs. 10/- per sq. yard. The award was communicated to the appellant on the 20th of January, 1962 and on the 5th February, 1962 he filed an application for review before the Land Acquisition Officer who made a recommendation through the Collector to the Secretary to the State Government that the award be reconsidered. But, the Collector by his order dated the 23rd of March, 1962 declined to forward the same. On the 14th of May, 1962 the appellant applied for reference under s. 14(1) of the Hyderabad Land Acquisition Act which is in pari materia with s. 18 of the Land Acquisition Act, 1894, praying that the period spent in the proceedings for the review be excluded while computing the period of limitation prescribed under s. 14 of the Limitation Act. The Assistant Collector, Aurangabad, who was the Land Acquisition Officer, made a reference to the District Court of Aurangabad, without opining whether the application was time barred or not. The Government raised a preliminary objection that the application being time barred, the reference was incompetent.The objection prevailed, both in the District Court and the High Court.The appellant contended that while dealing with a reference under s. 14(1) or the Hyderabad Act, the court cannot go into the question that the application was time barred under s. 18(2) of the Land Acquisition Act, 1894 and thereby refuse to entertain the reference. |
Judge | Hon'ble Mr. Justice A.P. Sen |
Neutral Citation | 1978 INSC 225 |
Petitioner | Mohammad Hasnuddin |
Respondent | Staib Of Maharashtra |
SCR | [1979] 2 S.C.R. 265 |
Judgement Date | 1978-11-07 |
Case Number | 1926 |
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