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DANA BEGUM versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR


The reason for such delays is the decision to file a reference against the Collector's Award after the prescribed period of section 18, 12 (2) and 54 of the Litigation Act (IX of 1908), section 5 of the Land Acquisition Act, 1894. Appellant's opinion provided with a copy of the award within the range was not generally acceptable because filing a reference would not require a copy of the award and could be filed without a copy of the award, at this time, , The limitation Act, section 88 of the Act of 1988, did not apply to ground action. The Acquisition Act, 1894, therefore, cannot be granted an extension of the period under section 18, the Land Acquisition Act, 1894, which was six weeks from the time set forth in the reference, whether the accused person was present or before the Collector. Was represented. At the time of awarding; within 12 weeks of receipt of notice from the Collector under Section 12 (2), the Land Acquisition Act, 1894, or in other cases or within six months from the date of the Collector's award, whichever period expires earlier. Where the collector announced the award on 25 11 1987. In the presence of the appellant's lawyer, but the reference was filed on 16th 1988, 1988, it was out of bounds and, thus, the court rightly affirmed in the dismissal below the court's finding.

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