1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL No. 954/2010. Ganpati s/o Ruplal Alghare Aged about 45 years, Occupation Agriculturist, resident of Ward No.17, Saoner, Tahsil Saoner, District – Nagpur. ... APPELLANT. VERSUS 1. Special Land Acquisition Officer, Pench Project No.1, Civil Lines, Nagpur. 2. General Manager, Western Coal Fields Limited, Jaripatka, Nagpur. 3. Sub Area Manager, Western Coal Fields Limited, Saoner Project, Saoner, District Nagpur. … RESPONDENTS. ------------------ Shri R.M. Patwardhan, Advocate for the Appellant. Mrs. Jachak, learned A.G.P. for Respondent No.1. --------------- CORAM : R.M.SAVANT, J. DATED : 03.03.2011. 2 ORDER. 1. Heard learned Counsel appearing for the respective parties. 2. The above First Appeal challenges the judgment and order dated 25.02.2010 passed in L.A.C. Reference No. 30/1996. By the said judgment and order the Land Acquisition Reference was dismissed on the point of limitation. 3. Shri R.M. Patwardhan, the learned Counsel for the appellant and Mrs. Jachak, the learned A.G.P. appearing for respondent no.1 are ad-idem that the record is not necessary, for a decision in the matter in view of the limited issue involved. Hence heard finally at the admission stage. 4. The subject matter of the reference was the enhancement of the compensation sought for land acquired of the Appellant from the Nagpur District for the extension of Mine Nos. 2 and 3 of Saoner Project construction of coal stock yard, office etc. It appears that the Special Land Acquisition Officer has passed the award on 05.04.1994 and awarded an amount of Rs. 74,602/- for the lands acquired, ad- 3 measuring 1.23 Hectors from Survey No. 725/1 situated at Saoner, Tahsil Saoner, District Nagpur. The Appellant being dissatisfied with the compensation awarded, filed an application, for reference being made to the Court. 5. In so far as the filing of reference is concerned, Section 18 of the Land Acquisition Act governs the same. The said provision is a self-contained code in so far as the limitation for filing of reference is concerned. In the facts and circumstances of the instant case, proviso [b] to Sub-section [2] of the Act is relevant, the same is reproduced herein below. “18(2) ….... 18(2)(a) ….... 18(2)(b) in other cases, within six weeks of the receipt of the notice from the Collector under Section 12, sub-section [2], or within six months from the date of the Collector's award, whichever period shall first expire.” 6. It was the case of the appellant that notice under Section 12[2] of the Land Acquisition Act was received by the appellant on 18.02.1995 and the reference has been filed on 15.05.1995. In terms 4 of the proviso [b] to sub-section [2] the land holder is obligated to file reference within 6 weeks from the date of receipt of notice under section 12[2] of the Act. In the instant case, the reference filed on 15.05.1995 therefore, was ex-facie beyond the prescribed period of limitation. The Reference Court was, therefore, right in rejecting the said Reference on the ground of limitation. 7. The contention of learned Counsel for the appellant that the compensation was received by the appellant in April, 1995, is of no avail in the teeth of proviso [b] to sub-section [2] to section 18 of the Act, as the date of receipt of the notice under section 12[2] would be the date of reckoning for computing the period of limitation in the instant case. In that view of the matter, the judgment and award of the Reference Court dated 25.02.2010 in Land Acquisition Case No. 30/1996 cannot be faulted with. There is no merit in the above First Appeal, which is accordingly dismissed. No costs. JUDGE Rgd.