THE STATE OF MAHARASHTRA Vs. VISHWAS VIJAN GEDAM

JUDGEMENT

(1.) THIS appeal filed under Section 54 of the Land Acquisition Act, 1894 (for short, the said Act) challenges the judgment dated 30.09.1999 in Land Acquisition Case No. 3 of 1993 whereby the reference proceedings filed by the respondent came to be allowed by enhancing the compensation towards acquisition of this Court.

(2.) LAND admeasuring 0.09 R. from Survey No. 651 was the subject matter of acquisition under proceedings of the said Act. Though Survey No. 651 that was jointly owned by the respondent with one Anjana Dange admeasuring 0.51 R, only portion thereof was acquired. Notification under Section 4 of the said Act was published on 17.09.1987 after which award came to be passed on 30.03.1989. The Land Acquisition Officer granted compensation of Rs. 4,108.00 to the respondent for aforesaid land. The Land Acquisition Officer thereafter issued notices to the present respondent to receive the amount of compensation. The respondent made an application for certified copy of the award on 10.11.1989 and after receiving the same on 26.06.1992, proceedings for reference came to be filed on 29.06.1992.

(3.) SHRI H.D. Dubey, learned Assistant Government Pleader appearing for the appellant raised twofold contentions. According to him the reference proceedings had been filed beyond the period of limitation in as much as notices had been issued to the respondent under Section 12(2) of the said Act. But the proceedings had been filed beyond the period of six weeks from receipt of such notice. It was submitted that there was no need of applying for certified copy of the award and the reference proceedings ought to have been filed within the stipulated period. In this regard the learned counsel for the appellant relied on the following judgments: