SPECIAL LAND ACQUISITION Vs. DATTATRAYA NAGESH WADER

JUDGEMENT

(1.) THE applicant who was the Additional Civil Judge, Chikodi (since retired) has sought expunging certain observations/remarks against him at paragraphs 9 and 15 of the Judgment dated 19.3.1991 passed in the above appeal.

(2.) THE appeal by the State was directed against the Judgment and Award of enhanced compensation by the Additional Civil Judge, Chikodi (Reference Court). One of the grounds taken in the appeal by the State was pertaining to the jurisdiction of the Reference Court in entertaining the reference under Section 18 of the Land Acquisition Act. THE specific pound taken is that the application seeking reference said to have been made by the claimants, which bears the date 18.4.1968 was not made on the said date, but was made some time after 1.11.1973 or around the time when the reference was made to the Court on 5.4.1982 and, therefore, it was barred by time and hence the reference was incompetent.

(3.) HAVING regard to the said principle, it appears to be proper and expedient to expunge the following remarks: 9. We are also shocked and surprised about the casual manner in which the question of limitation has been disposed of by the then learned Civil Judge Sri M.T. Gudajannavar.... The very fact that reference was received after 14 years from the date of the award, should have made the learned Judge to examine the question with due care and caution. He failed to do so. He winked at it. The facts and circumstances of this case are such as would undermine the faith of the public in the Courts and they have shaken our confidence in the officer. 15. We also direct that a copy of the judgment be kept along with confidential records of Sri. M.T. Gudajannavar, the then Civil Judge of Chikodi.