SADASHIVRAO BALAJI SATONE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY our order dated 13-08-2003, we issued notice to respondents to show cause why writ petition be not admitted and disposed of at the motion hearing state. In response thereto, the respondents have appeared through Shri. A. G. Mujumdar, A. G. P. and reply affidavit has also been filed on behalf of the second respondent. We, accordingly, heard the matter finally.

(2.) THE question before us is : Whether service of notice under Section 12 (2) of the Land Acquisition Act, 1894 that only indicates the quantum of compensation and the area of the land acquired can be said to be proper and sufficient for start of the limitation as provided in the first part of proviso (b) of Section 18 (2) of the said Act In other words, the question that falls for determination is whether the period of six weeks for making a reference application as provided in first part of proviso (b) of Section 18 (2) of the Land Acquisition Act, would run from service of notice ' under Section 12 (2) of the Land Acquisition Act, or from the knowledge of contents of the entire Award. The aforesaid issue arises in the facts and circumstances, which we briefly narrate hereunder.

(3.) THE petitioners are the owners of field Survey No. 149 admeasuring 6. 28 hectares, situate in Mouza Sawangi (Meghe), Tehsil and District wardha. Out of the aforesaid holding, portion of 1. 19 hectares was sought to be acquired for the public purpose, viz. Ring Road Project for joining the State Highway between Nagpur-Bori-Yavatmal and Nanded. The notification under Section 4 of the Act, proposing acquisition of the aforesaid land was published in the Government Gazette on 9-11-1995. An enquiry under Section 5-A of the Land Acquisition Act was held and thereafter on 5-12-1996 the declaration under Section 6 was issued and published in the Government Gazette. The proceedings for award of compensation commenced before the Special Land Acquisition Officer, but the petitioners did not participate in the said proceedings. On 21-12-1998, the Special Land Acquisition Officer passed an award granting compensation of Rs. 2,43,292/- for compulsory acquisition of petitioners' land admeasuring 1. 19 hectares. The notice dated 28-01-1999 under Section 12 (2) of the Act was issued and that was admittedly received by the petitioners on 29-1-1999. On 2-2-1999, the amount of compensation was received by the petitioners though under protest. The petitioners applied for certified copy of the Award on 4-2-1999 which was received by them on 19-4-1999. The petitioners made an application for reference under section 18 of the Act on 18-5-1999, seeking determination of compensation by a Civil Court. The said application came to be rejected on 24-12-2000. An application made by the petitioners seeking review thereof also met the fate of rejection vide order dated 29-11-2001. It is in this backdrop that the petitioners have filed the writ petition and the Issue, as noted hereinabove, has arisen before us.