A.V.SAVANT, VISHNU SAHAI
Ramchandra Genu Thorat (deceased) and another – Appellant
Versus
State of Maharashtra and another – Respondent
2. The questions of law which arise for our consideration are :--
(i) Whether in entertaining an application under section 18(1) of the land Acquisition Act, 1894 praying for a reference being made to the Court, the Collector acts as a Court ? and
(ii) Whether the provisions of section 5 of the Limitation Act, 1963 apply to such an application made under section 18(1) of the Land Acquisition Act, 1894?
Section 18 of the Land Acquisition Act, 1894, which is a Central legislation, reads as under:-
"18 (1) Any person interested who has not accepted the award or the amendment thereof may be written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation the person to whom it is payable or the apportionment of the compensation among the persons interested.
(2) The application shall state the grounds on which objection to the award or the amendment is taken :
Provided that every such application shall be made -
(a) if the person ma
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