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1993 Supreme(Guj) 326

R.K.ABICHANDANI, S.NAINAR SUNDARAM, SHARAD D.DAVE
MEMON IBRAHIM HAJI LATIF SUKHEDIWALA – Appellant
Versus
OFFICER ON SPECIAL DUTY,land ACQUISITION – Respondent


Advocates Appeared: G.M.AMIN, J.M.THAKAR, R.M.CHHAYA, S.N.SHELAT, S.N.Soparkar

S. NAINAR SUNDARAM, J.

( 1 ) IN this Reference, the question that engages our attention and calls for an answer at our hands is as to whether the Collector under Sec. 18 of the Land Acquisition Act, 1894 (Act No. 1 of 1894), hereinafter referred to as the Act, has got the power to condone the delay in preferring an application asking for reference to Court. Section 18 of the Act, in its entirety, reads as follows :"18. Reference to Court : (1) Any person interested who has not accepted the award may, by 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 persons 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 is taken : provided that every such application shall be made; - (a) If the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the collectors award; (b) In other cases, within six weeks of the receipt of the not

































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