DHONDI VELLAPPA PATIL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) HEARD Mr. More for the petitioner and Smt. Mulekar, Assistant Government Pleader for the respondent. By consent, taken up for final hearing.

(2.) THE land of the petitioner bearing Gat No. 543 admeasuring 0 hectares 18 R. situated at village Malatwadi in Kolhapur District was acquired under the provisions of Land Acquisition Act and an Award was passed on 25th April, 2000. Notice under section 12 (2) of the Land Acquisition Act was received by the petitioner on 20th July, 2000. Being dissatisfied with the compensation awarded the petitioner made an application under section 18 (1) of the Land Acquisition Act for reference. In the meanwhile, the petitioner accepted the amount of compensation after lodging an oral protest. The respondent No. 1 however, by an order dated 11th October, 2000, declined to make the reference on the ground that the petitioner had accepted the amount without any protest and therefore, the request reference could not be entertained. Being aggrieved by the said order of the respondent No. 1 declining to make the reference, the petitioner has filed this Civil Revision Application.

(3.) IN (Gunvanta Vaiju Patil v. State of Maharashtra) Civil Revision Application No. 1361/01 decided on 27-11-2001, a learned Single Judge of this Court relying upon the earlier judgment of this Court in (Amol Rambhau Arjun v. State of Maharashtra) reported in 2000 (4) Bom. C. R. 715 : 2000 (4) Mh. L. J. 302, has held that the reference has to be made even when the amount of compensation is accepted by making an oral protest.