Dismissed

Alamgir Masjid Muslim Jamat Trust Karjat Thr Truste and Ors. v. the State of Mah and Anr.

Bombay HC18 Nov 2014FA/237/2013

Case brief

AI extract

What is this about?

In this first appeal against an order dismissing a reference under Section 18 of the Land Acquisition Act, 1894, the High Court held that the application was barred by limitation. The Court found the application was filed three months after the statutory 42-day period from the date of the award.

What did the court decide?

First appeal dismissed. No order as to costs.

Alamgir Masjid Muslim Jamat Trust Karjat Thr Truste and Ors… — Land Acquisition | Bombay HC (2014)

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FA 237/13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 FIRST APPEAL NO.237/2013

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Alamgir Masjid Muslim Jamat Trust,
Karjat, through trustee & others.

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...Appellants..

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Versus

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The State of Maharashtra & another.

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...Respondents...

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 .....

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Shri A.V. Hon, Advocate for appellants.

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Smt.A.V. Gondhalekar, AGP for respondent no.1.
Shri M.K. Goyanka, Advocate for respondent no.2.

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 .....

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CORAM: B.P. DHARMADHIKARI &
 A.M. BADAR, JJ.

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DATE: 18.11.2014

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ORDER :

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1]Reference u/s 18 of the Land Acquisition Act has
beenconsideredbyCivilJudge,Senior

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Division, Shrigonda, in Case No.305/2003. Vide judgment

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dated 14.9.2012, reference has been dismissed on the
ground that it is barred by limitation.

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2]Heard Advocate Shri A.V. Hon for petitioner; learned
AGP for respondent no.1 and Advocate Shri M.K. Goyanka
for respondent no.2.

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3]Facts show that award u/s 11 was made by Collector

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FA 237/13

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on 2.8.1995. On that day, appellants were very much

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present. Hence, in terms of Section 18(2)(a) of the Land
Acquisition Act, 1894, application for reference should
have been filed within 42 days from 2.8.1995 i.e. by
13.9.1995. The application has been filed on 22.11.1995.
4]The trial Court has also considered another aspect
namely service of notice upon appellants. As appellants
were personally present when award was made by Collector,
service of notice in this case is not relevant at all.
That notice is dated 9.10.1995 and it is received by
appellants on 10.10.1995. The period of 42 days expired
on 21.11.1995. Thus, again Reference Application has
been filed late by one day even after considering the
said notice.

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5]The Reference Court has considered both these
aspects and rejected the Reference.

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6]After hearing respective counsel, we do not find any
case made out warranting interference. First appeal is
dismissed. No order as to costs.

Alamgir Masjid Muslim Jamat Trust Karjat Thr Truste and Ors. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Alamgir Masjid Muslim Jamat Trust Karjat Thr Truste and Ors. v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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