fa590.94 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 590 OF 1994 Ram s/o Hanmanta Tandale age 47 years, occ. Agril & service r/o Kolwadi, Kingaon Tq. Ahmedpur, Dist. Latur .. APPELLANT VERSUS The State of Maharashtra through Collector, Latur .. RESPONDENT Mr. V.V. Bhavthankar, advocate for the appellant. Mrs. Shinde, AGP for the State. ===== CORAM : R.M. BORDE, J. DATE : 29 th August, 2011 ORAL JUDGMENT : 1 This is an appeal preferred by the original claimant raising exception to the judgment and award passed by the Civil Judge, Sr.Dn., Latur in LAR No. 147/1987 decided on 25-2-1994. 2 The Land Acquisition Reference presented by the claimant came to be rejected by the reference court on the ground that the same is barred by fa590.94 2 time. The Special Land Acquisition Officer declared award on 12-10-1986. The claimant was not present before the Special Land Acquisition Officer when he declared the award. The claimant has admittedly received notice under section 12(2) of the Land Acquisition Act directing him to receive compensation under the award. Claimant proceeded to present reference application on 24-12-1986 i.e. after about eight months from the date of receipt of notice under section 12(2) of the Land Acquisition Act. 3 Section 18(2) of the Land Acquisition Act provides for tendering of reference application, if the person tendering reference application was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award and in other cases within six weeks from the receipt of notice from the Collector under section 12(2) of the Act or within six months from the date of Collector’s award, whichever period shall first expire. In the instant matter, the claimant is in receipt of notice under section 12(2) of the Land Acquisition Act and as such he ought to have tendered reference application within six weeks from the date of receipt of such notice. Claimant admittedly proceeded to file reference application on 24-12-1986 i.e. after period of eight months from the date of receipt of section 12(2) notice. Reference application tendered fa590.94 3 by the claimant was clearly barred by limitation. Reliance can be placed on the judgment in the matter of Ramchandra X State of Maharashtra reported in 1998(2) Mh.L.J. 69 wherein it has been held that “The Collector in entertaining the application under section 18 of the Land Acquisition Act praying for reference being made to the court acts as a statutory authority and is not a court, therefore, section 5 of the Limitation Act 1963 cannot be invoked for extending the period of limitation prescribed under proviso to section 18(2) of the Land Acquisition Act. “ 4 In this view of the matter, reference court was justified in turning down the reference application tendered by the claimant. Appeal is thus devoid of substance hence stands dismissed. In the facts and circumstances of the case, there shall be no order as to costs. 5 In view of dismissal of appeal, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb