SAMBHAJI MANAJI CHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both sides.

(2.) IT is stated by the learned advocate for the petitioners that the petitioners are agriculturists and are owners of land G. Nos. 1243, 1244 and 1297 situated at village Khapertone. The Government acquired the petitioners' land to the extent of 96 ares for the purpose of percolation tank in 1987. In the said case, award came to be passed on 11-1-1991. The petitioners accepted the payment of compensation for their land on 18-3-1991 under protest as the compensation awarded was only @ of Rs. 125/- per are. Being dissatisfied with the award passed by the respondent No. 2, the petitioners filed an application for Reference before the respondent No. 2 under Section 18 of the Land Acquisition Act, 1894 for getting enhanced compensation. It is stated in the said application that the petitioners got very meager amount of compensation. It is also submitted that the respondent No. 2 did not consider the sale instances of the adjoining lands while granting compensation to the petitioners and also did not consider the fertility of their land. It was submitted that therefore, they should get compensation at the rate of Rs. 30,000/- per acre.

(3.) IT is stated that the petitioners submitted an application for a Reference in the office of the respondent No. 2 - SLAO on 26-4-1991 which was within the prescribed period of limitation. However, it is stated that on the date of filing of the Reference, the petitioners could not make available the court fees, hence, they filed an application on the very same day asking for time to deposit court fees. According to the petitioners, the said application came to be granted. Thereafter, despite repeated visits and requests, the amount of court fees was not accepted nor was the Reference forwarded by the S. L. A. O.