SUPER CONSTRUCTION COMPANY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS revision application is directed against the communication dated 2-7-1993 from Special Land Acquisition Officer (15), Pune to the petitioner, intimating him that his reference application under section 18 of the Land Acquisition Act, 1894 was rejected as being barred by limitation.

(2.) HEARD the learned Counsel for the petitioner as well as the Counsel for the respondents. The learned Counsel for the petitioner submits that the reference was not barred by limitation. It was filed within six weeks from the knowledge of the award. It is stated by the learned Counsel that the notice under section 12 (2) issued to the petitioner was not an effective notice as it did not contain the essential contents of the award including the reasons or the basis on which the quantum of compensation had been fixed. It was only on receipt of the copy of the award from the Collector on 3-5-1993 that the petitioner had an effective notice of the award. The period of limitation in such a case has to be calculated from such date and not from the date when the notice merely intimating about the making of the award was sent to the petitoner. Reliance is placed in this connection on the decision of the Division Bench of this Court in (Mangilal Jawanmal v. Spl. L. A. Officer (I), Thana) A. I. R. 1978 Bom. 325.

(3.) I have considered the submissions of the learned Counsel. Perused the Division Bench decision of this Court referred to above, wherein it has been clearly held by this Court that the mere service of the notice under section 12 (2) would not amount to fixing the party with the knowledge of all the essential contents of the award. The phrase "within six weeks of the receipt of the notice" occuring in the first part of proviso (b) to section 18 (2) must be interpreted to mean within six weeks from the receipt of effective notices, meaning thereby from the receipt of the knowledge of the essential contents of the award by the claimants including the reasons or the basis on which the quantum of compensation has been fixed as also the other particulars mentioned above.