VITTHAL GULAL PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Mukul Kulkarni, learned Counsel for the petitioner and Mrs.B.R.Khekale, learned A.G.P. for Respondents No.1 & 3.

(2.) Petitioner herein is raising challenge to the order passed by Sub Divisional Officer, Nandurbar Division, Nandurbar on 03.03.2005, whereby the Sub Divisional Officer / Land Acquisition Officer has refused to refer the application tendered by petitioner for determination to Civil Court.

(3.) Land belonging to the petitioner came to be acquired for public purpose. After observing procedure prescribed under the Land Acquisition Act, Collector passed an award and fixed the amount of compensation payable to the claimant. Petitioner was not satisfied with the amount of compensation awarded by the Land Acquisition Officer under the award. As such, petitioner preferred an application as contemplated under Section 18 of the Land Acquisition Act to the Land Acquisition Officer requesting him to make reference to the Civil Court. In the application filed under Section 18 of the Act, petitioner claimed enhancement in compensation. It is not disputed that the application tendered by petitioner was presented within prescribed period of limitation. However, the Land Acquisition Officer / Sub Divisional Officer, Nandurbar refused to refer the matter to the Civil Court firstly, on the ground that application for reference is not accompanied by requisite court fees and secondly, claimant has withdrawn the amount of compensation without lodging any protest.