PANDURANG BALA KEKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The original claimants by this Appeal basically praying to grant the statutory entitlement as contemplated under the Land Acquisition Act (for short, "L.A.Act") in view of the amendment Act 1984, Section 68 of 1984 basically the amendment to Section 23(1-A), 30(1) (a) and (b), 23(2) and 28. Admittedly, the effect is given with a provision from 30/04/1982 to 24/09/1984. In the present matter the notification is dated 06/12/1979 under Section 4 of the L.A.Act. The Land Reference of the claimants was decided on 28/02/1983, therefore, pursuant to the aforesaid amendment, the claimants are entitled to all statutory benefits even if the award is declared after 30th April, 1982 and before the 24/09/1984.

(2.) The Appellant-Claimants therefore, pursuant to the amendment of L.A. (amended) Act-1984, filed an application for relief under Section 151 of the Code of Civil Procedure (for short, "CPC") before Extra Joint District Judge,Pune. The same was rejected as not maintainable.

(3.) The Appellants, therefore, preferred this appeal.