1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO.307 OF 1998 In L.A.R. NO.8 OF 1991 The State of Maharashtra (Through the Special Land Acquisition Officer, Metro Centre No.III, Thane). : Appellant (Orig. Opponent) V/s. 1. M/s.Jayshree Builders 2. M/s.Jaydeep Trust 3. Shri Rajenikant A. Mehta 4. Shri Ramesh A. Mehta for himself and C.A. for partners carrying on their business at Pawar building, Tembi Naka, Thane. : Respondents (Orig. Claimants) .... WITH FIRST APPEAL NO.308 OF 1998 In L.A.R. NO.9 OF 1991 The State of Maharashtra (Through the Special Land Acquisition Officer, Metro Centre No.III, Thane). : Appellant (Orig. Opponent) V/s. 1. Smt. Taralaxmi Amrutlal Mehta 2 2. Smt. Jayshree Ramesh Mehta 3. Shri Rajanikant Amrutlal Mehta 4. Smt. Hiralaxmi Anantrai Mehta 5. Smt. Kannubhai A. Oza 6. Shri Ramesh A. Mehta carrying on their business at Pawar building, Tembi Naka, Thane. : Respondents (Orig. Claimants) .... Ms Geeta Mulekar, Asstt. Govt. Pleader for the appellant. None present for the respondents. .... CORAM : S.A. BOBDE & S.J.KATHAWALLA, JJ. DATE : NOVEMBER 13, 2009. ORAL JUDGEMENT (Per S.A.Bobde, J.) 1. In these First Appeals filed by the State, this Court considered it appropriate to have the issue of limitation decided by the trial Court under Order XLI Rule 25 of the Code of Civil Procedure. Accordingly, this Court directed the reference Court to frame the issue of limitation with regard to application under section 18 of the Land Acquisition Act made to the Collector/Special Land Acquisition Officer, after allowing the parties to lead evidence and record findings, as expeditiously as possible. 3 2. After the above order, the matter was heard by the District Judge, Thane, who has passed an order deciding the issue of limitation. The parties have led evidence before the learned District Judge and the learned District Judge has come to the conclusion that the reference was filed beyond the period of limitation prescribed as provided by section 18(2). The learned District Judge has found that the award was declared on 24.6.1988, the respondents received the notice under section 12(2) on 27.7.1988, the period of limitation expired on 7.9.1988 and the application for referring the matter was submitted by the respondents on 27.1.1989 before the Special Land Acquisition Officer. 3. On the facts found, we see no reason why the conclusion of the learned District Judge should not be accepted. We, accordingly, hold that the reference was barred and could not have been considered and decided by the learned Joint District Judge, Thane. Accordingly, the judgement dated 11.8.1995 is hereby set aside as being without jurisdiction. The appeals filed by the State are, accordingly, allowed. (S.A. BOBDE, J.) (S.J. KATHAWALLA, J.)