IMPORTANT POINT
Relevant date for section 18, L.A. Act would be date of receipt of apportionment which is crystallized only on payment of compensation.

JUDGMENT

Ranjan Gogoi, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 09.09.2008 passed by the High Court of Bombay at Aurangabad holding the Reference made by the Collector under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) to be barred by limitation. The High Court, accordingly, reversed the Award dated 29.10.1993 passed by the Reference Court granting enhanced compensation to the appellants. Aggrieved, this appeal has been filed.

3. The brief facts of the case may be usefully recited as hereunder:

Acquisition of a total area of 8 Hectares 40 Ares covered by Survey No.49 situated at village Phule Pimpalgaon in Taluka Majalgaon of Beed District was initiated by a Notification under Section 4 of the Act which was published in the gazette on 13.03.1980. No objection under Section 5A of the Act was filed by any person interested. Consequently, the Notification under Section 6 of the Act was published on 18.04.1982 and an Award was passed on 16.08.1985 granting compensation at the rate of Rs.50/- , Rs.65/- and Rs.75/- per Are respectively for different categories of land classified as Grade I, II and III in the Award. As there was a dispute with regard to the ownership of the land, the Collector (Special Land Acquisition Officer) referred the matter to the civil court for apportionment of compensation under Section 30 of the Act. The Reference under Section 30 made by the Collector which was registered and numbered as L.A.R. No. 94/1985 came to be disposed of by the learned Second Additional District Judge, Beed on 4.9.1991 holding that the present appellants (claimants 1 and 2) are entitled to compensation in respect of 20 acres of the acquired land and the remaining parties (claimants 3 to 7) for compensation in respect of remainder of the acquired land.

4. It appears that after the order dated 4.9.1991 was passed in the Reference under Section 30 of the Act, the appellants received the compensation on 5.9.1991. Though the precise date is not available, within six weeks from the date of the order dated 4.9.1991 the appellants sought a Reference under Section 18 of the Act for enhancement of the compensation awarded. The aforesaid Reference which was numbered as L.A.R. No. 75/1992 was decided by the Second Additional District Judge, Beed by order dated 29.10.1993 enhancing the compensation amount by an additional sum of Rs.2,10,000/- along with solatium, interest etc. as due under different provisions of the Act.

5. Aggrieved by the aforesaid Award dated 29.10.1993, the State of Maharashtra filed an appeal before the High Court questioning the enhancement of the compensation awarded and also contending that the Reference made was barred by limitation in view of the provisions of Section 18(2) of the Act. The High Court by the impugned order dated 09.09.2008 decided the appeal only on the issue of limitation by holding the same to be time barred. Accordingly, the appeal filed by the State was allowed and the Award passed by the Second Additional District Judge in L.A.R.No.75/1992 was reversed.

6. We have heard Mr. Sudhanshu S. Choudhary, learned counsel for the appellants and Mr. Anirudh P. Mayee, learned counsel appearing on behalf of the respondent-State.

7. Learned counsel for the appellants has vehemently urged that from the materials placed on record it is evident that the appellants did not participate in the enquiry leading to the Award dated 16.08.1985 passed by the Land Acquisition Collector. No notice of the Award under Section 12(2) of the Act was served on the appellants either. It is pointed out that the appellants became entitled to receive compensation under the Award only on 4.9.1991 i.e. the date of the order of the court in the Reference made under Section 30 of the Act. Such compensation was received by the appellants on 5.9.1991. Thereafter, the application for Reference under Section 18 of the Act was made within the period of 6