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2005 Supreme(SC) 1155

B.P.SINGH
Mahadeo Bajirao Patil – Appellant
Versus
State Of Maharashtras – Respondent


Judgment

B.P. Singh, J.—This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Bombay dated October 30, 2001 in First Appeal No. 981 of 1996. By the aforesaid judgment the High Court allowed the appeal preferred by the State of Maharashtra/respondent No. 1 herein and held that the application filed by respondent No. 1 under Section 18 of the Land Acquisition Act for making a reference was barred by limitation. The sole question which, therefore, arises for consideration in the instant appeal is whether the said application filed by the appellant herein under Section 18 of the Land Acquisition Act was barred by time.

2. The facts of the case in so far as they are relevant for the disposal of this appeal are as follows:-

One Kulkarni held a lease executed on December 3, 1979 for a period of 20 years in respect of an area of 142 Hectares 78 Ares from the State of Maharashtra for mining Silica sand. The aforesaid lessee applied to the State of Maharashtra on May 3, 1991 for transfer of the mining lease in favour of the appellant herein. In the mean time, on October 8, 1991 a proposal was submitted to the Collector of Sindhudurg by Respon























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