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Applicability of Section 5 of the Limitation Act 1963 to Proceeding under Section 18 of the Land Acquisition Act in View of Section 28A of Land Acquisition Act, 1894

By Francis Lobo

Published In

Air 1995

This Article is necessitated by a plethora of conflicting decisions of the various High Courts as well as the Apex Court on the question of the applicability of Section 5 of the Limitation Act 1963 to the Land Acquisition cases especially to a Reference Proceeding u/s. 18 of the Land Acquisition Act. The recent decisions of the Division Bench of Karnataka High Court reported in ILR (1991) Kant 4242 and ILR (1991) Kant 4266 have ruled that Sections 5 and 29 (2) of the Limitation Act, 1963 cannot be invoked for condonation of delay in filing reference u/s. 18 of the Land Acquisition Act 1894. Similarly a Division Bench Ruling of the Karnataka High Court (AIR 1982 Karnataka 350 at page 354) held that Section 5 of the Limitation Act is not applicable to Land Acquisition Cases. Whereas the High Courts of Bombay, Gujarat, Punjab & Haryana and Orissa have held that Sec. 5 of the Limitation Act is applicable to the Land Acquisition cases and Land Acquisition Offi ....

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