SURENDRAKUMAR MADHUSUDAN MOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. By consent Rule made returnable forthwith. By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of section 28A of the Land Acquisition Act, 1894 in so far as it provides for limitation of three months for filing of an application thereunder on the ground that it deprives the land holders from getting rightful amount of compensation.

(2.) The petitioner has also prayed that a communication dated 9 th May 2011 from the Collector, Yavatmal, be set aside.

(3.) The petitioner submits that he owns the land bearing Gat No.128 admeasuring 5.27 hectares situated at mouza Pimpri (Hatgaon), Taluka and District Yavatmal. The respondent No.1 by the Notification dated 18 th January 2003 issued under section 4 of the Land Acquisition Act, 1894 (for short "the Act"), proposed to acquire 33.95 hectares land of mouza Pimpri for minor irrigation project, including 2.27 hectares land of the land of the petitioner from the above Gat. The petitioner further states that the Notification under section 6 was issued on 24 th March 2003. The award was passed by the Special Land Acquisition Officer on 30 th July 2003 and in respect of the land of the petitioner, compensation was assessed at Rs.36,000/ per hectare to the petitioner. The assessment of compensation was made on the basis of rates prescribed by the State Government for the purposes of stamp duty. The amount of compensation was received by the authorised representative of the petitioner on 26 th August 2003. The petitioner submits that he had not filed an Application under section 18 of the Act for making Reference to the Civil Court.