GUJARAT HIGH COURT
Unnamed Judge, J
Shree Madansinhji Saheb of Kutch v. State of Gujarat
| Table of Content |
|---|
| 1. validity of reference by collector under land acquisition act. (Para 1 , 2) |
| 2. district court’s jurisdiction defined by section 20 of the land acquisition act. (Para 3 , 4 , 5 , 6 , 9) |
| 3. court's obligation to satisfy jurisdictional conditions. (Para 7 , 8 , 12) |
| 4. distinction between validity of reference and authority to challenge. (Para 10 , 11) |
| 5. conclusion allowing the application. (Para 13 , 14) |
1. In a Land Acquisition Case a reference was made by the Collector to the District Court at Bhuj. The learned District Judge rejected the reference holding that it was barred by time and that that was not a valid reference. He, therefore, refused to hear the reference and hence this revision application. It is contended by the learned counsel for the applicant that once a reference is made by a Collector under S. 19 of the Land Acquisition Act to the District Court, the District Court has no jurisdiction to decide whether the reference is within limitation or whether the reference was in conformity with the provisions of S. 18 of the Land Acquisition Act .
2. In support of this contention, the learned counsel for the applicant relies on Hari Krishan v. State of Pepsu
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