ASHOK GANABA N GAONKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Shri S. N. Vernekar, learned Counsel appearing for the Petitioner and Shri Amey Kakodkar, learned Addl. Government Advocate for the Respondents.

(2.) The above Petition challenges the Order passed by the Land Acquisition Officer, Salauli Irrigation Project, Margao, dated 28.01.2011, whereby the application of the Petitioner dated 07.12.2011 for re-determination of compensation under Section 28-A of the Land Acquisition Act, 1894, came to be rejected as being time barred. The reason for rejecting the said application by the Land Acquisition Officer is that Section 28-A is applicable to only those persons who make first attempt after the passing of the Order by the Court in a reference under Section 18 and not otherwise. The Petitioner in the present case was seeking to file such an application from the date of the passing of the Judgment of the Hon'ble Apex Court in an Appeal preferred by a claimant. The Apex Court in a Judgment in the case of Jose Antonio Cruz Dos R. Rodrigues & anr. vs. Land Acquisition Collector & anr., 1996 6 SCC 746 has stated at para 3 thus :

(3.) The Apex Court in a Judgment in the case of Tota Ram v. State of U.P., 1997 6 SCC 280 has held at para 3 thus :