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2021 Supreme(Bom) 490

RAVINDRA V. GHUGE, S. G. MEHARE
Shankar Patilba Satpute – Appellant
Versus
State of Maharashtra, Through the Secretary, Revenue and Forest Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D. A. Bide.
For the Respondent: Mr. S. B. Yawalkar, AGP
Advocate (Appointed as Amicus Curiae) to Assist the Court: Mr. S. V. Adwant.

JUDGMENT :

S. G. Mehare, J.

1. Rule. Rule made returnable forthwith. With the consent of the learned advocates for the parties, heard finally.

2. The reference applications filed by the petitioners under Section 64 of The Right to Fair Compensation and Transparency in the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as 2013 Act') against the award passed by the Collector/Land Acquisition Officer (hereafter referred to as 'L.A.O.') for forwarding it to the Authority under 2013 Act, were rejected by the L.A.O. by communication dated 19.08.2019. The L.A.O. has given the reason that by notice dated 11.02.2019, the petitioners were called upon to pay the court fees on reference applications, but they had failed. Hence, their reference applications have been dismissed.

3. To appreciate the lis amongst the parties, it will be appropriate to briefly refer to the relevant facts for consideration as follows :

    (a) By these petitions, the petitioners have impugned the communications mentioned above on the ground that as per Section 96 of 2013 Act, the court fees on the reference application to be forwarded by the Collector to the Authority under section 6

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