:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7200 OF 2006. WRIT PETITION NO. 7200 OF 2006. WRIT PETITION NO. 7200 OF 2006. 1. Vinayak Krishnaji Apte, Age: 57 years. 2. Madhukar Krishnaji Apte Age: 54 years. 3. Nirmala Krishnaji Apte Age: 80 years. All r/a: C/o: Dr.Apte, Opp. Goandevi Temple, Ram Ganesh Gadkari Rd, Panvel, Dist: Raigad. ..Petitioners. V E R S U S 1. Spl. Land Acquisition Officer, Raigad (2), Alibag, Dist: Raigad. 2. Collector, Raigad District. 3. The State of Maharashtra. ..Respondents. --- Mr. Ahutosh Gole for the petitioner. Mr. C. R. Sonawane A.G.P. for the State. CORAM: S.B.MHASE & SHINDE, JJ. CORAM: S.B.MHASE & SHINDE, JJ. CORAM: S.B.MHASE & SHINDE, JJ. DATE : April 3, 2008. DATE : April 3, 2008. DATE : April 3, 2008. Oral Judgment (Per S.B.Mhase,J.) Oral Judgment (Per S.B.Mhase,J.) Oral Judgment (Per S.B.Mhase,J.) 1. Heard. Rule returnable forthwith with the consent of parties. 2. The Petitioner has approached to this Court invoking the jurisdiction of this Court under Article 226 of the Constitution, challenging the order passed by the Special Land Acquisition Officer, Raigad (2), Alibag dated 7th June 2006 whereby it was informed to the :2: :2: :2: petitioner that application filed by the petitioner under section 18 of the Land Acquisition Act, 1894 is beyond limitation and therefore it was disposed of. 3. The undisputed facts in this case are as follows: . The land acquisition proceeding of Survey No. 69, Hissa No.14 of village Aadai, tehasil Panvel was started by the Special Land Acquisition Officer when the father of the petitioner was alive. Father of the petitioner expired on 10th July 1997. The names of the present petitioners were mutated in the record of rights on 29-11-2000 by Mutation Entry No.2547. Thereafter the Special Land Acquisition Officer has passed award on 1-12-2000. Even though the names of the petitioners were on record, the Special Land Acquisition Officer has issued notice under section 12(2) of the Land Acquisition Act not to the present petitioners but to the father of the petitioner. However, when the petitioners received the information about the passing of an award they made an application for getting a copy of the award. The same was received by them on 8-2-2001 and immediately thereafter on 15-2-2001 the reference under section 18 was filed. In fact the notice issued under section 12(2) to the deceased father of the petitioner cannot be said to be a notice to the petitioners. Therefore, the limitation will not run as against the petitioners from :3: :3: :3: the service of the notice under section 12(2). This is a case wherein the petitioners were interested in the award, however, they were not knowing the date of award and they themselves received information about the award and have thereafter obtained the certified copy of the award. If we take into consideration the date of award and the date of filing of the petition under section 18 to the Collector, it will be evident that within a period of three months the said application has been filed. This is a case wherein the application could have been filed within six months in view of the proviso-(b) to Section 18(2) of the Act. Therefore, the Special Land Acquisition Officer has committed an error of law in rejecting the reference under section 18. We, therefore allow the petition. Order dated 7th June 2006 passed by the Special Land Acquisition Officer referred to above is set aside and the Land Acquisition Officer is directed to refer the application filed by the petitioner under section 18 of the Land Acquisition Act to the Civil Court for further inquiry, if there is no other defect. Rule made absolute in the above terms. (S.S.SHINDE, J.) (S.B.MHASE, J.) (S.S.SHINDE, J.) (S.B.MHASE, J.) (S.S.SHINDE, J.) (S.B.MHASE, J.) :2008/sss/..