1 WP 5178.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5178 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. K.M.Nagarkar, Advocate for the petitioners. Mr. T.S.Londhe, Asstt. Govt. Pleader for State. Mr. N.G.Kale, Advocate for Resp. No. 3. ............................. CORAM : S.V. GANGAPURWALA, J. DATE :11/10/2011 PER COURT : 1. The petitioners impugns the order dated 19/4/2011, whereby the amount is sent in a Reference U/s 30 of the Land Acquisition Act [ for short, ‘ L.A. Act ’ ]. 2. Mr. Nagarkar, the learned counsel for the petitioners submits that the respondents, till the Award is passed, never disputed the right of the petitioners and thereafter only with malafide intention raised objection. The Special 2 WP 5178.2011 Land Acquisition Officer [ for short, ‘ S.L.A.O. ’ ] did not have any jurisdiction to make a Reference U/s 30 of the L.A. Act without specifying himself about the rights of the respondents. According to the learned counsel, the petitioners are entitled for the said amount and the amount be directed to be disbursed to the petitioners. 3. Mr. N.G. Kale, the learned counsel for the respondents submits that when there is a dispute as to making a Reference U/s 30 of the L.A. Act, for that purpose, no application is required. 4. Mr. Nagarkar, the learned counsel submits that till now though the amount is said to have been sent, nobody knows where the amount is lying. 5. The S.L.A.O. can make a Reference U/s 30 of the L.A. Act even without application of any party. If the Reference U/s 30 of the L.A. Act is made, then the Court where the Reference is made, has to deal with the said Reference in accordance with law as expeditiously as possible and preferably within the period of nine ( 9 ) months. The State i.e. respondent nos. 1 and 2 shall see to it that the amount is properly deposited in the Reference. The Court where the Reference is made, shall decide the Reference as expeditiously as possible. If the amount is sent to the Court in the Reference U/s 30 of the L.A. Act, then the said amount be kept in fixed deposit immediately. 3 WP 5178.2011 6. The Writ Petition is accordingly disposed of with aforesaid observations. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 5178.2011 4 WP 5178.2011