VISHWANATH GOPINATH HARKAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE application filed by the petitioners under section 28-A of the Land Acquisition Act, 1894 ("the Act" for short) came to be rejected by the impugned order dated 20th July, 1991, on the grounds that (a) it was filed beyond limitation and (b) the Land Acquisition Officer had passed final Award on 30-6-1980 and therefore, the provisions of section 28-A of the Act were not applicable.

(2.) THERE is no dispute that the petitioners land as shown in the statement "a" to the petition memo came to be acquired for the construction of Dhamore Minor Irrigation Bank Canal as per the notification issued under section 4 of the Act on 22-8-1977. Final Award was passed on 16-9-1980 and the amount of compensation was received by the petitioners.

(3.) THE petitioners did not apply to the Land Acquisition Officer for reference under section 18 of the Act but some other landholders, whose lands were also acquired for the said project i. e. Dhamore Minor Irrigation Tank had sought a reference under section 18 of the Act. Accordingly, the reference was referred to the District Court. It was registered as Land Acquisition Reference No. 104 of 1983. It came to be decided on 17-6-1988.