ASHOK AMGONDA BRIJDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the Respondents waives service. By consent of Counsel and at the request of Counsel taken up for hearing.

(2.) The Petitioner is the owner of agricultural land admeasuring 2 Hectares and 45 Ares bearing Gat No.218 situated at village Donaj in the Taluka of Mangalwedha in the district of Solapur. The land being required for the purposes of Ujani Canal Division No.9, a notification under Section 4 of the Land Acquisition Act, 1894 came to be issued. The award was declared by the Third Respondent on 20th May 2002. The Petitioner has stated that he was not present before the Third Respondent when the award is made. A notice under Section 12(2) was issued to the Petitioner on 29th April 2005 which was received on 3rd May 2005. It is the case of the Petitioner that he accepted the amount of compensation under protest on 3rd May 2005. On 9th June 2005, the Petitioner made an application under Section 18 of the Act before the Third Respondent seeking a reference for enhancement of compensation before the appropriate Court. The application filed by the Petitioner was dismissed by an order dated 20th December 2005.

(3.) Three reasons have weighed with the Third Respondent in rejecting an application for a reference under Section 18, namely, (i) The application was not filed within a period of six months from the date of the declaration of the Award; (ii) No evidence was produced indicating that the amount of compensation was accepted under protest; and (iii) No evidence was produced indicating the reasons of objection in the enquiry under Section 9(3) and Section 9(4) and no evidence was produced in regard to the development carried out on the land.