SAINATH DEVRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, called out for final hearing. Mr. S.G. Sangle, learned advocate waives notice for respondent No.5 in all the matters. Mrs. Geeta L. Deshpande, Mr. K.B. Jadhvar and Mr. K.N. Lokhande, learned AGPs waive service on behalf of respondent - State in the respective matters.

(2.) A short issue that invites attention of this Court in this petition is whether the authority under Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013') can condone delay beyond the maximum period prescribed under that Sec.. The issue arises on account of challenge set up by petitioners to the order passed by the Sub Divisional Officer and Land Acquisition Officer, Sillod dtd. 25/4/2022 by which it is held that the references filed by petitioners were beyond the maximum period specified under Sec. 64 of the Act of 2013 and therefore the same have been rejected.

(3.) Brief facts of the case are that, Sec. 4 notification in respect of the lands of petitioners was published on 7/12/2012 and the Award was declared on 12/11/2018. Petitioners were issued notice for payment of compensation under Sec. 21 of the Act of 2013 on 19/11/2018. Petitioners filed Writ Petition No.13763 of 2018 alleging non-payment of compensation, which was disposed of on 30/1/2020 directing drawl of panchanama at the time of taking possession of the lands and granting liberty to petitioners to avail appropriate remedy for grant of enhanced compensation. On 21/1/2022, notice for possession was issued. Petitioners made application for payment of compensation on 25/2/2020. On 20/4/2020, they received the amounts of their respective compensation. On 27/8/2020 they filed references under Sec. 64 of the Act of 2013 for enhancement of compensation. By order dtd. 25/4/2022 the Sub Divisional Officer and Land Acquisition Officer, Sillod has rejected the references on the ground of limitation.