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1950 Supreme(Bom) 103

M.C.CHAGLA, S.R.TANDOLKAR
G. J. Desai – Appellant
Versus
Abdul Mazid Kadri. – Respondent


Judgment

Chagla, C.J.

1. This is an appeal from an order of Bhagwati J. direciing that a writ of manda-mus be issued under Section 45, Specific Relief Act againat the Special Land Acquisition Officer, City of Bombay the Bombay Suburban District

2. The Special Land Acquisition Officer made an award under the Land Acquisition Act. An appln. was made to him by the petnrs. to make a reference to the H. C. under Section 18 of the Act. The officer took the view that the petnr.s appln. was barred by limitation refused to make a reference. Thereupon the petnrs. came to this Ct. with a petn. under Section 45 asking the Ct. to order the Officer to make a reference under Section 18. The learned Judge took the view that it was not open to the officer to consider whether the appln. was barred by limitation or not, that once an appln. was made to him under Section 18, it was incumbent upon him to make a reference and the question whether the appln. was barred or not was a question which had to be determined by the civil Ct. With respect to the learned Judge the opinion he formed on the construction of Section 18 is not borne out either by the plain language of the section itself or by the de






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