STATE OF CHHATTISGARH Vs. GANGOTRI BAI

JUDGEMENT

(1.) These two Appeals have been filed by the State of Chhattisgarh against the impugned awards made by the learned Additional District Judge, Sakti, District Janjgir Champa under Sec. 18 of the Land Acquisition Act, 1894 (for short 'the Act, 1894'). Since both the awards involve common question of facts and law and the acquisition was made under the Act, 1894 for the public purpose, they are being decided by the common judgment and order.

(2.) At the outset, learned State Counsel would submit that the similar issue came before this Court in the bunch of Appeals viz. FAM No.82/2010 and Other connected matters, which was decided on 8/3/2011. In the present case, reference has been made in the year 2004, but the same was received by the Court of Additional District Judge, Sakti in the year 2009. He submits that from the record, it is explicit that the Additional District Judge has not made proper enquiry as to the date of receiving the reference etc., as the same has material bearing on the question of limitation under Sec. 18 (2) of the Act, 1894. Lastly, he submits that in the aforesaid bunch of Appeals, the matter has been remitted back and it was materially observed at paras-9 and 10 which read thus:-

(3.) In view of the aforesaid, the matter may be remitted back to the concerned Court for decision afresh, after setting aside the awards and the concerned Court may also be directed to take the security etc for the disbursed amount.