RAJU PRABHAKAR RAWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) This appeal is taken up for final disposal in view of the fact that the issue involved in the appeal is about the limitation namely whether the reference was barred by time. Counsel for both the parties agreed for final disposal in view of the above.

(3.) Learned counsel for the appellants assailing the impugned judgment and order dismissing the reference made by the appellants as barred by limitation, argued that the trial court committed an error in reckoning the date 14.10.1998 as the date of starting point of limitation, on which date it is alleged that notice under section 12(2) of the Land Acquisition Act was served. According to him the said notice dated 14.10.1998 was never served on the appellants. But the appellants had pleaded that they received information on 15.10.1998 from one Narayan Pathak on whom the said notice was served on 14.10.1998. But then that information cannot be construed as the official information as contemplated by section 18(2) of the Land Acquisition Act. He also argued that date namely 18.10.1998 was also required to be excluded as time spent for obtaining certified copy. He then argued that the said date of knowledge i.e. 15.10.1998 will have to be excluded in the light of the provisions of General Clauses Act, 1887 and if the said day is excluded the reference was filed on the 42nd day.