Dada S/O Paikuji Nagpur vs State Of Mah. & Ors
2017 Latest Caselaw 8244 Bom

FA  797/06                                                1                            Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR.

                           FIRST APPEAL  N
                                            O
                                               . 

                                                    /20

                                                          

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 





 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.
 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