Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation - Land Aquisition Act, (1 of 1894), s.18. On October 25, 1953, the Collector made an award in respect of land belonging to the respondents, who were evacuees, in the District: of Gurgaon. The respondents were not notified about the acquisition and they were not present at the time of the award. The respondents filed an application before the Collector stating that they came to know of the contents of the Award only on July 22, 1955. when they received the compensation amount and that the amount of Rs. 96/· per acre as given in the Award was too low and that the market value of the land was about Rs. 600/· per acre. The Collector accepted the application and referred the matter under s. 18 of the Land Acquisition Act, to the Senior Subordinate Judge, Gurgaon. The Senior Subordinate Judge held that the application for a reference which was made on September 30, 1955, was filed beyond the period of limitation prescribed by s. 18 and discharged the reference. The matter was taken to the High Court in revision by the respondents and the High Court accepted the revision petition and directed the Subordinate Judge to deal with the reference on merits, on the view that the civil court was precluded from going into questions other than the matters specified in s. 18 of the Act. The High Court did not go into the correctness of the decision on merits on the question of limitation. On appeal by special leave. |
Judge | Hon'ble Mr. Justice S.K Das |
Neutral Citation | 1963 INSC 30 |
Petitioner | State Of Punjab |
Respondent | Mst.qaisar Jehan Begum And Anr. |
SCR | [1964] 1 S.C.R. 971 |
Judgement Date | 1963-02-11 |
Case Number | 592 |
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