JUDGMENT - Dr. B.P. SARAF, J. :---The petitioners are aggrieved by the order of the Special Land Acquisition Officer, Raigad, Alibag (Respondent No. 2), whereby the application of the petitioners for reference to Court under section 18(1) of the Land Acquisition Act, 1894 (the "Act") was dismissed on the ground that it had not been made within six weeks of the receipt of the notice under section 12(2) of the Act.

2.The land of the petitioners was acquired by the respondent No. 2 under the provisions of the Land Acquisition Act. The award was made under section 11 of the Act on 8th August, 1989. The petitioners were not present or represented before the Special Land Acquisition Officer at the time he made his award. Thereafter, the petitioners were served with a notice under section 12(2) of the Act on 22nd August 1989. The petitioners applied for reference under section 18(1) of the Act on 5th January, 1990. However, the said application having not been made within six weeks of the receipt of the notice under section 12(2) of the Act, was dismissed by the respondent No. 2, as being barred by limitation. The petitioners have challenged the above order.

3.We have heard Mr. Pai, the

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