JAHAGIRDAR, MODY
Prabhakar Vasudev Gadgil – Appellant
Versus
P. Y. Deshpande, Special Land Acquisition Officer – Respondent
JAHAGIRDAR, J.:- These three revision applications have been referred to this Division Bench by the learned Chief Justice on a recommendation made by Shah J. in a judgment of 5th Jan. 1981. Shah J. thought it necessary to refer these petitions to a Division Bench because he disagreed with the view taken by another single Judge of this Court in Ramesh Shankar Wankhede v. State of Maharashtra, AIR 1975 Bom.297. The question involved is one relating to the interpretation of sub-sec.(3) of S.18 Land Acquisition Act. This sub-section has been introduced by the Maharashtra legislature by Act 38 of 1964. More particularly the question is whether the Collector exercising his function under S.18 Land Acquisition Act and passing an order on an application made under S.18 is a court to which the provisions of the Limitation Act, 1963, apply.
2. Before we consider the relevant provisions and the authorities cited for throwing light on the question, a few facts must be mentioned. In the land acquisition proceedings giving rise to these revision applications, notification under S.4 Land Acquisition Act had been issued on 20th of Feb. 1970. Thereafter the award was passed on 15th Feb. 19
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