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1963 Supreme(All) 27

M. C. DESAI, B. DAYAL, J. N. TAKRU
STATE OF UTTAR PRADESH – Appellant
Versus
ABDUL KARIM – Respondent


Advocates Appeared:
MAJID UDDIN, Ramo Devi Gupta

DESAI, C. J.

( 1 ) THE following question has been referred to a Full Bench by two of us :

"whether the District Judge, in a reference under Section 18 of the Land Acquisition Act, can go into a question that the application for reference was not made to the Collector within the time prescribed in Section 18 (2) of the Land Acquisition Act : and if so, can it refuse to entertain the reference if it finds it to be time-barred?"

The question arises in an appeal from a decree passed by a District Judge on a reference made to him under Section 18 of the Land Acquisition Act. The respondent, who was the owner of the land acquired, claimed a certain amount of compensation in proceedings before the Collector under Section 11. On 23-11-1950 the Collectoi decided that the owners of the land be given compensation of Rs. 20,000/- and odd and that an award be prepared accordingly. The respondent was not present when the decision was given and it is not known on what date the award was actually prepared by the Collector and signed by him, if at all. Under Section 11 a collector is required to inquire into an objection by an owner of the land acquired and to "make an award under his hand of. . . .







































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