MOHAMMAD HASNUDDIN versus STAIB OF MAHARASHTRA

MOHAMMAD HASNUDDIN versus STAIB OF MAHARASHTRA

The court has both the power and duty to examine whether the application for reference was in accordance with law, in particular whether it was made within the time prescribed under the proviso to section 18(2) of the Land Acquisition Act, 1894. The statutory conditions for reference are matters of substance and their observance is a condition precedent to the Collector's power of reference. The court must satisfy itself that a valid reference has been made, and in the absence of a proper reference (because the application was time-barred), it has no jurisdiction to hear the matter.

Parties
Appellant: Mohammad Hasnuddin; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
07 November 1978
Procedural Posture
Civil Appeal / Appeal Before Supreme Court of India
Outcome
Appeal dismissed
Legal Topics
Reference Under Land Acquisition Act, Jurisdiction of Court to Examine Reference, Limitation Period for Reference, Exclusion of Period Under Limitation Act
Land Acquisition Limitation Law Reference Under Land Acquisition Act Jurisdiction of Court to Examine Reference Limitation Period for Reference Exclusion of Period Under Limitation Act

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Parties

Mohammad Hasnuddin

Appellant

State of Maharashtra

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court of India

Legal Issues

  1. 1 Whether the court can go behind the reference made by the Collector if the application is time-barred under the Land Acquisition Act, 1894
  2. 2 Whether the court can refuse to entertain a reference if made beyond the prescribed limitation period

Ratio Decidendi

The court has both the power and duty to examine whether the application for reference was in accordance with law, in particular whether it was made within the time prescribed under the proviso to section 18(2) of the Land Acquisition Act, 1894. The statutory conditions for reference are matters of substance and their observance is a condition precedent to the Collector's power of reference. The court must satisfy itself that a valid reference has been made, and in the absence of a proper reference (because the application was time-barred), it has no jurisdiction to hear the matter.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs for this appeal and of the courts below