1 cra106 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL REVISION APPLICATION NO.106 OF 2005 Jagannath Narayan Kshirsagar ...Applicant vs. The Collector and Special Land Acquisition Officer No.4, Satara and others ...Respondents Mr.Nitin Jamdar for the applicant Mr.A.R.Patil, A.G.P for the respondents CORAM : A.S.OKA,J. DATE : FEBRUARY 25,2011 ORAL JUDGMENT: 1 This revision application is filed under sub section 3 of section 18 of the Land Acquisition Act,1894 (hereinafter referred to as the said Act) as amended by Maharashtra Act no.38 of 1964. By the impugned order, the Special Land Acquisition Officer has dismissed the application made by the revision applicant for a reference under sub section 1 of section 18 of the said Act. The application was rejected on two grounds. One is that the compensation amount has not been received by the applicant under protest and the second ground is that the application for reference was not filed within the stipulated period of limitation provided under sub section 2 of section 18 of the said Act. 2 Perusal of the application for reference shows that an award under section 11 of the said Act was made on 31st July 1999. The case of the applicant is that he was never given notice under section 12(2) of the said Act. According to his case, on 2nd November 1999, when he made enquiries with the Land Acquisition Officer, he was 2 cra106 informed that the Award was made on 31st July 1999. 3 In the impugned order, there is no finding record that notice under section 12(2) of the said Act was served to the revision applicant. It is also not a case that where the revision applicant was present when the Award under section 11 was made. In the circumstances, the reference application made by the applicant on 5th December 1999 cannot be said to be barred either under proviso (a) or (b)to sub section 2 of section 18 of the said Act. The application made within a period of six months from the date of the Award under section 11 of the said Act. The averments made in the application for reference show that the applicant had not accepted the Award under section 11 of the said Act. Therefore, even the first ground in the impugned order cannot be sustained. 4 In the circumstances, revision application must succeed. Hence, I pass the following order : i) Impugned order dated 2nd August 2001 is quashed and set aside. ii)The Special Land Acquisition Officer no.4, Satara is directed to make a reference to the Civil Court under sub section 1 of section 18 of the Land Acquisition Officer on the basis of the application made by the applicant. There will be no order as to costs. iii)Rule is accordingly made absolute. JUDGE