STATE OF MAHARASHTRA Vs. AJIT PANNALAL SANGHAVI

JUDGEMENT

(1.) Heard.

(2.) This appeal and cross-objections arise from the judgment dated 05-06-1990 passed in Land Reference No. 1 of 1987 whereby the Reference Court while allowing the application filed by the claimants under section 18 of the Land Acquisition Act, 1894 (hereinafter called as "the said Act") has declared that the actual area acquired was 7110 sq. meters and the total compensation payable for the land acquired to be Rs. 11,47,554/- besides other usual benefits available under the said Act as against the compensation which was awarded by the Land Acquisition Officer to the tune of Rs. 1,63,350/ -. The impugned judgment is sought to be challenged by the state as well as the claimants on various grounds. However, it is not necessary to deal all those issues sought to be raised on the matter. Suffice to refer to only one issue which is sought to be raised on behalf of the appellant-State that the Reference Court had no jurisdiction to entertain the reference in view of the fact that the application for reference under section 18 was filed beyond the period of limitation prescribed thereunder. It has to be noted that the appellant-State has not disputed the declaration as regards the area of the land which is acquired which has been confirmed by the Reference Court.

(3.) The only point which, therefore, arises in the matter is : whether the reference to the Reference Court under section 18 was within the period of limitation prescribed under the law