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1994 Supreme(SC) 189

M.N.VENKATACHALIAH, K.RAMASWAMY
Additional Special Land Acquisition Officer, Bangalore – Appellant
Versus
Thakoredas, Major – Respondent


JUDGMENT

All these four appeals arise from a judgment of the High Court of Karnataka rendered on September 16, 1976, in C. R. P. Nos. 1577 etc. of 1976. The facts are not in dispute. As concluded by the High Court, the award having been made by the Deputy Commissioner (the Collector) under Section 11 of the Land Acquisition Act, 1894 (the Act) it was served on the Respondents as required under section 12(2) on August 2, 1970. The respondents are said to have made an application on September 1, 1970 before the Deputy Commissioner seeking the making of a reference to the Civil Court under Section 18, after they required the compensation under protest. The Deputy Commissioner did not make any reference to the Civil Court. However, the respondents filed application to the Civil Court after the lapse of the period of 5 years, for getting a direction Issued to the Deputy Commissioner for making the references. That application have come to be allowed by the Civil Court. Calling in question that order of the Civil Court, the appellant filed a Revision Petition in the Karnataka High Court. The appellant contended that the respondents, when had made the application after the expiry of the pe











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