: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.1230 OF 2002 Avinash Madhavrao Dhaigude .. Applicant V/s. The Special Land Acquisition Officer No.19, Satara & Ors. .. Respondents Mr. Dilip Bodake for the Applicant. Mr. A.R. Patil, AGP, for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 10 TH DECEMBER, 2009. P.C.: 1. The present Civil Revision Application has been preferred against the order dated 24th May, 2001, passed by the Special Land Acquisition Officer, Satara, refusing to refer the matter to the District Court for enhancement of the claim of the applicant under the Land Acquisition Act (for short “the said Act”). 2. Undisputedly, the Award under Section 11 of the said Act was passed on 1st April, 2000. The notice issued under Section 12(2) of the said Act was received by the applicant on 11th October, 2000. The : 2 : application for referring the matter to the District Court has been filed on 14th October, 2000. 3. However, the Special Land Acquisition Officer by his order dated 24th May, 2001, has dismissed the application firstly on the ground that the application was filed beyond the period of limitation and secondly that the application was not accompanied by the necessary court fee stamps. 4. The learned AGP appearing for the respondents has produced on record the document indicating service of the notice under Section 12(2) of the said Act on the applicant only on 11th October, 2000. Therefore, in my opinion, the application for a Reference for enhancement of the claim has been preferred within limitation. Under Section 18 of the Land Acquisition Act, a person who is interested in enhancement of the compensation payable to him can seek a Reference to the District Court. However, such an application has to be made within six weeks from the date of the Award or within six weeks from the receipt of the notice from the Collector under Section 12(2) of the said : 3 : Act. Admittedly, in this case, the notice has been received on 11th October, 2000, and, the application has been filed on 14th November, 2000 i.e. well within six weeks of the receipt of the notice. 5. The other defect which was found by the Special Land Acquisition Officer, Satara, is that the adequate court fee stamps were not affixed on the application. This is a curable defect and the Special Land Acquisition Officer, Satara, ought to have given an opportunity to the applicant to affix the necessary Court fee stamps. 6. Accordingly, the impugned order is set aside. 7. The applicant shall affix the necessary court fee stamps within a period of two weeks from today. 8. The Special Land Acquisition Officer, Satara, shall pass appropriate orders on the application made by the applicant within a period of four weeks from today. 9. The Civil Revision Application is disposed of. .......