LAWS(BOM)-2012-1-116

POPAT BAHIRU GOVARDHANE Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On January 25, 2012
POPAT BAHIRU GOVARDHANE Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Rule was issued in these Writ Petitions on 18 th June, 2009. Since a very shot controversy is involved, the Petitions are taken up for final hearing forthwith.

(2.) The lands of the Petitioners situate at village Sanjegaon, Tal. Igatpuri, Dist. Nashik were acquired for Mukane Dam Project. The Award was passed on 14.12.1995. Certain other claimants whose lands were also covered by the same Notification under Section 4 of the LA Act, 1894, filed L.R. No. 314 of 1999 and other connected land acquisition References and all those References were allowed by the learned Second Adhoc Additional District Judge, Nashik by Judgment and Order dated 03.04.2006. The Petitioners through their Advocate Shri A.M. Qureshi applied for certified copy of the said Judgment and Order on 17.05.2006. The date given to the Applicant for taking delivery of the copy was 29.05.2006. The copy was actually ready on 29.05.2006 but was delivered on 3 rd June, 2006. It is an admitted position that the Application for re determination of the amount of compensation on the basis of the Award of the Court under Section 28(A) was filed on 18 th July, 2006.

(3.) By the impugned Order dated 22.09.2008, SLAO No.I, Nashik who was exercising powers of the Collector under the LA Act, 1894, rejected the Applications on the ground that the Applications filed were delayed by four days. Aggrieved by this order, all these Writ Petitions have been filed.