RAMCHANDRA GENU THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. By consent, rule made returnable forthwith and heard both the learned Counsel.

(2.) THE questions of law which arise for our consideration are :--

(3.) THE facts, which are not in dispute, are that the Award was declared on 31st December, 1993. It is stated in para 2 of the application for reference that the applicant was not present when the award was declared. It is then stated that "the notice under section 12 (2) of the said Act was served on the applicant on. . . . . . . . " The date is left blank and this is followed by a bald statement "therefore the petition is in time". The application for reference was made as late as on 26th November, 1996 by the heirs of the original claimant Ramchandra Genu Thorat who had expired on 10th January, 1996. The Special Land Acquisition Officer has rejected the application on the ground that the application was filed beyond the period of limitation prescribed under section 18 (2) proviso (b) of the said Act. It has also been observed that the requisite award was not annexed nor was the requisite stamp affixed. In the circumstances, the petitioners prayer for making a reference to the Court for determination of the compensation was rejected. It is this letter dated 7th January, 1997 which is challenged in the present petition.