SMITTA ARUN KASHIKAR Vs. COLLECTOR WARDHA

JUDGEMENT

(1.) In the instant writ petition, the petitioner has put to challenge the order dated 30-6-2000 passed by S. D. O. Wardha in Revenue case No. MRC-81/deoli-10/99-2000 rejecting the application made by the petitioner under section 34 of the Maharashtra Industrial Development Act, 1961 (in short M. I. D. C. Act) for making a reference to the Civil Court for enhancement of the compensation for the land of the petitioner that was acquired the petitioner further seeks a direction to the respondents to make a reference to the Civil Court for grant of additional compensation and a declaration that the reference that was sought to be made by the petitioner under communication dated 3-2-1999 was within limitation.

(2.) Facts : on 31-10-1989 proceedings for acquisition of lands including that of petitioner for development of Industrial Area by M. I. D. C. were initiated and a public notice to that effect was published in the official gazette on 14-12-1989. Petitioner is the owner of field Survey No. 81/8011, new Survey No. 5030/3,area 1. 94 hectares, mouza Deoli, district Wardha. The petitioner did not receive any personal notice regarding acquisition of her land. On 13-7-1994 Award was passed. On 15-7-1994 a notice was issued to the petitioner about passing of the award and to remain present on 27-7-1994 for receiving the compensation. Accordingly the petitioner appeared on 27-7-1994 and received the compensation under protest.

(3.) On 4-8-1994 her advocate applied for grant of certified copy of the award and Form M etc. and paid amount of Rs. 50/- to the clerk by name Bangre in the copying section of the office of respondents. The said clerk did not issue the printed receipt of the Government but issued the receipt on a plain paper for rs. 50/ -. The counsel for the petitioner made repeated enquiries but was told that record was not received for preparing the certified copy. This went on till 23-2-1998, on which date the counsel for the petitioner issued a notice to the respondents stating that the said clerk Shri Bangre misappropriated the amount of rs. 50/- that was tendered to him towards the charges for supply of certified copy and that the said clerk had received the amount likewise from so many persons and that the certified copies were not being supplied on the basis of the application dated 4-8-1994. Since there was no response to the notice dated 23-2-1998, the petitioner prepared a claim for enhanced compensation by framing the application under section 34 of M. I. D. C. Act and sent the same by registered post a/d under covering letter dated 3-2-1999 to the respondents and requested for making a reference to Civil Court. This application came to be registered as Case no. MRC-81/deoli/10-1999-2000 and then was rejected by the impugned order. Hence this writ petition