ARUN DHARMARAJ BUDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The appellants herein are the original claimants raised a grievance that learned Reference Court without considering the factual position has rejected the reference proceeding on the ground of limitation. Hence, the appellant is before this Court by way of this appeal

(3.) The facts of the present appeal which are not disputed are that respondents acquired the agricultural land bearing Gat No.55 of Mouza Gopiwada, Tq. and Dist. Bhandara owned by the appellant ad-measuring 2.52 HR vide Notification dtd. 16/12/1996. At that time, the compensation was awarded Rs.4,47,360.00. According to the appellants, though this Award was passed, he received the notice under Sec. 12 of the Land Acquisition Act on 3/11/2004. The same is the part of record i.e. Exhibit 4(1). According to him, after receipt of notice, he has preferred reference proceedings under Sec. 18 on 13/12/2004 i.e. within the limitation. Hence, according to the appellants, the Reference Court ought to have decide the Reference proceeding on its own merits in the matter.