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ALLAHABAD HIGH COURT
B. Dayal, J. N. Takru, JJ
State Government – Appellant
Versus
Property Owner – Respondent
| Table of Content |
|---|
| 1. details of the case and the reference made. (Para 1) |
| 2. arguments on timeliness of the application. (Para 2) |
| 3. interpretation of statutory provisions regarding reference. (Para 3) |
| 4. court's limitations in reviewing references based on time-bar. (Para 4 , 5 , 6) |
| 5. legislative gaps and absence of remedy against erroneous references. (Para 7 , 8) |
| 6. the collector's role and jurisdiction regarding time limitations. (Para 9 , 10) |
| 7. judicial precedents related to the collector's authority. (Para 11) |
| 8. comparative analogies with the income tax procedures. (Para 12 , 13) |
| 9. conclusion regarding the reference question. (Para 14 , 15 , 16) |
1. The following question has been referred to a Full Bench by two of us :
"Whether the District Judge, in a reference under S.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 S.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 S.18 of the Land Acquisition Act
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