SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(Bom) 51

A.V.SAVANT, VISHNU SAHAI
Ramchandra Genu Thorat (deceased) and another – Appellant
Versus
State of Maharashtra and another – Respondent


JUDGMENT - A.V. SAVANT, J.:---Rule. By consent, rule made returnable forthwith and heard both the learned Counsel.

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














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top