SPECIAL LAND ACQUISITION OFFICER, HIDKAL DAM PROJECT Vs. SRI L.B. DESAI, BY HIS POWER OF ATTORNEY HOLDER, SRI. SHANKARLINGANNA KIWAD, BASAVAPRABHU LAKHAMAGOUDA SARDESAI, S/O SHRI LAKHAMAGOUDA BASAVPRABHU SARDESAI, SHANKARAGOUDA LAKHAMAGOUDA SARD

JUDGEMENT

(1.) HEARD on either side.

(2.) THIS Appeal is directed against the judgment and Award dated 5.4.1995 on the file of the Additional Civil Judge, Chikodi, in LAC. No. 19/1994.

(3.) MEANWHILE , as the application filed under Section 18(1) of the LA Act was not referred to the Civil Court within the statutory period, another application under Section 18(3)(b) of the Act came to be made, which was numbered as LAC. 2/1988. The said application came to be filed on 11.1.88. On 8.3.94, the said matter came to be allowed on merits by the Addl. civil Judge, Chikodi in LAC. 2/1988. By virtue of this Order, the learned Additional Civil Judge, Chikodi directed the office to register the reference application with the Special Land Acquisition Officer before the Reference Court. This Order of the learned Civil Judge was contested by the State Government, wherein they had seriously taken the stand that the reference teas not being within the period of limitation provided under the Act. So also regarding vesting of the land, the learned Judge on merits held that the application was in time and so also the reference and ultimately directed for registration of reference for enquiry to know whether the claimants were entitled for enhancement. This order of the Civil Judge dated 8.3.94 was not challenged by the State Government and it has reached finality.