Search Results Page
Search Results
1 - 7 of 7 (0.48 seconds)Karnataka Industrial Areas Development Act, 1966
Section 5 in The Limitation Act, 1963 [Entire Act]
The Right to Information Act, 2005
State Of Karnataka vs Laxuman on 25 October, 2005
- 10 - L.A.C. No.69/2009
petition. As per the amended provisions of Karnataka State
Amendment brought into section 18 of L.A. Act, the petitioners
shall have to file the petition u/s. 18(3)(b) of L.A. Act, within 3
years 90 days, after filing of the petition u/s. 18(1) of L.A. Act.
Accordingly, the petitioners have filed this petition u/s. 18(1) of
L.A. Act, within 3 years 90 days from the date of presentation of
petition u/s. 18(1) of L.A. Act, copy of which is marked at Ex.P.1.
Therefore, there is no question of delay in filing this petition u/s.
18(3)(b) of L.A. Act. This apart, as per the ratio laid down by their
lordships in the ruling reported in (2005)8 SCC 709 (In the case of
State of Karnataka Vs. Laxuman), the provisions of section 5 of
Limitation Act 1963 is not applicable in the petition filed u/s.
18(3)(b) of L.A. Act. At the cost of repetition, it be stated that the
evidence on record proves that the respondent has not served the
notice u/s. 12(2) of L.A. Act on the petitioners, after passing an
award dated 11.11.2002, as such, the petitioners after coming to
know about the acquisition of their lands on 20.11.2008, did file
the petition u/s. 18(1) of L.A. Act, before the L.A.O., subsequently,
have filed this petition before this court on 10.09.2009, which is
well within 3 years 90 days. The evidence on record proves that the
S.L.A.O./respondent has not made the reference u/s. 18 of L.A. Act
to this court, consequent upon, the protest petition filed by the
Cont'd..
The Land Acquisition Act, 1894
The Special Land Acquisition Officer, ... vs Lalasa Husensa Choudhari on 23 July, 2001
In the written
argument, it is stated that as per the ratio laid down by their
Lordships in the ruling reported in ILR 2002 KAR 1288 (in the case
of Special Land Acquisition Officer Vs. Lalasa Husensa Choudhari).
The provisions of section 5 of Limitation Act, is applicable in the
petition filed u/s. 18(3)(b) of L.A. Act. As already discussed above,
the protest petition of the petitioners u/s. 18(1), copy of which is
marked at Ex.P.1 filed before the S.L.A.O. is well within 90 days
after the knowledge of acquisition of the petitioners' lands, but the
respondent has not made the reference to this court, within 90
days after receipt of petition from the petitioners u/s. 18(1) of L.A.
Act, as contemplated u/s. 18(2) of L.A. Act, as such, the petitioners
have filed this petition u/s. 18(3)(b) of L.A. Act, on 09.09.2009,
which is received in the court on 10.09.2009. Therefore, it is made
clear that well within 3 years 90 days from the date of protest
petition u/s. 18(1) of L.A. Act, the petitioners have filed the instant
Cont'd..
1