1 F.A.1712.08 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1712 OF 2008 [Balaji S/o Jalba More Vs. The State of Maharashtra and others] WITH FIRST APPEAL NO.1714 OF 2008 [Sheshrao Gangaram Lambade Vs. The State of Maharashtra and others] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.A.G.Mukhedkar,Advocate for Appellants (Original claimants) Smt.S.D.Shelke,AGP for Respondents in F.A.No.1712 of 2008. Shri.S.N.Kendre,AGP for respondents in F.A.No.1714 of 2008. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 15th FEBRUARY, 2011. PER COURT : 1. Heard Mr. Mukhedkar, learned counsel for appellants (Original claimants) and Smt. Shelke and Shri. Kendre, learned AGP for respondents. 2. These First Appeals are preferred by the appellants (Original claimants) challenging the Judgment and Award dated 2 F.A.1712.08 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 12th September, 1997 rendered by Civil Judge Senior Division, Nanded, whereby L.A.R.No. 105 of 1995 and LAR No.108 of 1995 were dismissed by the Reference Court being time barred. 3. On perusal of documents, papers and also after perusal of the impugned Judgment and Award dated 12th September, 1997 and after considering rival submissions advanced by both learned counsels for respective parties, it is settled legal position that computation of limitation of six weeks commences from the date of notice under section 12(2) of the Land Acquisition Act (Hereinafter referred to as “said Act”) which is received by the claimants as envisaged and contemplated under section 18(2) of the said Act. 4. Applying the said parameters of legal position to the facts of the present case, it appears that appellants-original claimants received notice under section 12(2) of the said Act on 30th June, 1992 and consequently appellants/original claimants received amount of compensation 3 F.A.1712.08 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders under protest on 2nd July,1992. Hence, it is explicitly clear that appellants/ original claimants should have filed Reference Petitions within six weeks i.e. up to 12th August 1992. However, appellants/Original claimants have filed Reference Petitions on 21st September, 1992, which is apparently time barred. Hence, considering the said aspect, the Reference Court rightly dismissed the Reference Petitions of the appellants/ Original claimants being time barred and no interference therein is called for in appellate jurisdiction. 5. In the result, present First Appeals lack merits on law point, and hence same stand dismissed at the admission stage itself. Sd/- [SHRIHARI P.DAVARE, J.] MTK 4 F.A.1712.08 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders