FA 797/06 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
FIRST APPEAL N
O
.
797 /20 06 Dada S/o Paikuji Nagpure (Dead), through his Legal Heir Homraj S/o Dada Nagpure, Aged about 45 Years, Occ:
Agriculturist, R/o Kanhalgaon (Sathgaon), Butibori, Tah. Nagpur (Rural), District Nagpur. APP ELL ANT .....VERSUS.....
1. State of Maharashtra, Department of Irrigation, Through its Secretary, Mantralaya, Mumbai-32.
2. Special Land Acquisition Officer, Pench Project, Office of the Collectorate Compound, Civil Lines, Nagpur.
3. Executive Engineer, Lower Vena Project, Division No.III, Nagpur. RESPONDE NT S Shri A.R. Patil, Counsel for the appellant. Shri N.D. Dubey, A.G.P. for the respondent Nos.1 & 2. Shri M.A. Kadu, Counsel for the respondent No.3.
CORAM : S.
B. SHUKRE, J
.
DATE : 30 TH OCTO BER , 2017 .
ORAL JUDGMENT
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FA 797/06 2 Judgment
Heard finally by consent. This is an appeal preferred against the judgment and award passed by the 3rd Ad-hoc Additional District Judge, Nagpur in Land Acquisition Case No.155/97 on 10th August, 2006, thereby dismissing the reference application filed under Section 18 of the Land Acquisition Act ('L.A. Act' for short) on the ground that the application was barred by limitation.
2. According to learned counsel for the appellant, the reference application was not barred by limitation, because the notice issued under Section 12(2) of the L.A. Act was admittedly not accompanied by the copy of the award and the claimant got knowledge of the passing of award when the certified copy of the award was received by the claimant. He submits that these facts would clearly demonstrate that the case of the claimant is squarely covered by the judgment of this Court rendered in the case First Appeal No.558/2009 on 23rd August, 2017, which in turn was based upon the law laid down by the Hon'ble Apex Court in the case of Premji Nathu Vs. State of Gujarat & Anr., reported in AIR 2012, SC, 1624. Learned A.G.P. Shri Dubey for respondent Nos.1 and 2 and Shri Kadu, learned counsel for respondent No.3 have conceded the fact that this appeal is squarely covered by the Judgment of this Court in First Appeal No.558/2009. In view of above, the appeal deserves to be allowed and it is allowed accordingly. ::: Uploaded on - 02/11/2017 ::: Downloaded on - 03/11/2017 01:36:16 :::
FA 797/06 3 Judgment The impugned judgment and award are hereby quashed and set aside.
The reference application is remitted back to the reference court for decision afresh in accordance with law.
Parties are directed to appear before the reference court on 28 November, 2017 th .
The reference court is requested to decide the application within three months from the date of appearance of the parties before it.
Parties to bear their own costs.
Appeal is disposed of in the above terms.
JUDGE SHRIPAD ::: Uploaded on - 02/11/2017 ::: Downloaded on - 03/11/2017 01:36:16 :::