Sri Ch. Nara Simha Rao & Ors. Vs. LAO, Eluru & Ors.
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Head Note
The Land Acquisition Act, 1894 - Section 18
Land Acquisition - Reference - Limitation - Award had been made on 7th January, 1998- On challenge made land acquisition proceedings set aside by High Court - Acquisition proceedings had been finally confirmed by the judgment delivered by Apex Court on 15th September, 2011 - Till the said judgment was delivered by the Apex Court, there was no acquisition of the land - There was no need for the appellants to file any application under Section 18(1) of the Act - Upon knowing the fact that the lands had been acquired by virtue of the judgment dated 15th September, 2011 delivered by the Apex Court, the appellants filed the applications under Section 18(1) of Act on 17th October, 2011 - Held that applications filed under Section 18(1) of the Act should not have been rejected as they were filed immediately after pronouncement of the judgment by the Apex Court - Judgment delivered by the High Court set aside and directed that without going into the issue of delay or limitation, the applications filed by the appellants under Section 18(1) of the Act shall be entertained in accordance with law.
Topic(s)-Land Acquisition - Reference application within limitation