VITTHAL RAMRAO TALEGAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned A. G. P. This is an application challenging the order passed by S. L. A. O. , dated 29-9-1995 rejecting the claimant's application for condonation of delay and thereby rejecting reference filed under section 18 of the Land Acquisition Act, consequent upon the award passed under the provisions of the Land Acquisition act. The award came to be passed and declared on 24-2-1995 in respect of agricultural land bearing Field Survey No. 107 admeasuring 83 R for the purpose of submerging area of Manar Project. The notice as required under section 12 (2) of the Land Acquisition Act was issued by the S. L. A. O. to the claimant/land holder which is, according to S. L. A. O. , served upon the landholder on 25-3-2005. The reference was rejected on the ground that the provisions of section 18 of the Land Acquisition Act require that whoever is aggrieved by award made in respect of acquisition of land under Land Acquisition proceedings, should present his reference petition before the Collector within six weeks from the date of receipt of notice under section 12 (2) of the said Act. However, in the case of petitioner, according to the S. L. A. O, notice was served upon and received by the landholder on 25-3-1995. According to the report of Tahsildar, Kandhar, who has also made panchnama, which reflected that the notice contemplated under section 12 (2) was served upon the landholder on 25-3-1995. Therefore, according to the s. L. A. O. claimant was required to present his claim before 5-5-1995 but he has not done so and has presented his claim on 29-5-1995 and therefore time barred and hence the application came to be rejected.

(2.) The petitioner has come with the case that though the panchnama was conducted in village by the Tahsildar on 25-3-1995, the applicants being agriculturists and illiterate persons, did nothing during the period of preparation of filing reference under section 18 of the said Act, as they were under wrong impression that the reference is required to be filed within period of six months from the date of service of notice under section 12 (2) of the Land Acquisition act. Therefore, the applicants were not present or represented at the time of passing award in land acquisition proceedings and therefore sought condonation of delay in filing reference under section 3 of the Land Acquisition Act.

(3.) It appears that in the application of condonation of delay, the applicant stated that the panchnama was made on 25-3-1995 but the petitioner was not aware of the period within which the reference was to be filed and this aspect is construed as an admission on the part of the applicant by the learned S. L. A. O. while passing order rejecting the application.