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1995 Supreme(Kar) 95

M.F.SALDANHA
SPL. LAND ACQUISITION OFFICER, FOR MINOR IRRIGATION PROJECT, GULBARGA – Appellant
Versus
TUKKAREDDY – Respondent


Advocates:
Ashok Nayak, S.P.SHANKAR

M. F. SALDANHA, J.

( 1 ) AN inter-related though important facet of law touching the provisions of the Land Acquisition Act and the Limitation Act has come up for decision in this appeal. Briefly stated, the controversy centres around the question as to whether the State which is obliged to make a reference to the Court under S. 18 of the Land Acquisition Act in a case where an application for enhanced compensation has been filed, fails to do so for a considerable period of time, can thereafter object to the Court considering the reference on the ground that it is filed beyond the period of limitation. Though it would appear prima facie incongruous that the defaulting party namely the State should at all be permitted to object on the ground of limitation when that delay has occurred due to the default on the part of its own officers, and that, therefore, normally they should be estopped from canvassing any bar, the situation is far more complex because of certain provisions of law and several judicial decisions. At the same time, I need to take cognizance of the fact that the law must strictly stand clear of impediments, real or artificial, if a Court finds that they are impeding th

















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