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DATED : 4 MARCH 2021 P.C.:

In the above bunch of Petitions, the Petitioners have impugned the orders dated 2 January 2009 passed by the Special Land Acquisition Officer, CIDCO Project, Nasik, whereby their Applications dated 23-04-2008 filed under section 28A of the Land Acquisition Act, 1894 (for short "the Act") came to be rejected as being time-barred since the Applications were not filed within three months from the date of the order dated 25 October 1994 of the Reference Court.

2. The lands of the Petitioners came to be acquired for CIDCO project under the provisions of the Land Acquisition Act, 1894 read with section 126 of the Maharashtra Regional Town Planning Act, 1966. The Notification wp-3527-09.doc under section 6 of the Land Acquisition Act was issued on 28-08-1981. On 12-02-1986, the Award was declared under section 11 of the Land Acquisition Act granting compensation to the land owners ranging between Rs.4/- to Rs.10/- per sq.mt. Aggrieved by the quantum of compensation, Applications were filed by the Petitioners under section 18 of the Land Acquisition Act claiming enhancement of the compensation at the rate of Rs.100/- per sq. mt. The said Applications under section 18 were referred to the Reference Court by the SLAO. The said Applications were pending with the Joint District Judge, Nasik from the year 1986 to 1994. On 26-10-1994, the said Applications of the Petitioners under section 18 came to be allowed by a common judgment by the Reference Court granting enhanced compensation ranging between Rs.24/- to Rs.36/- per sq.mt. The common judgment of the Reference Court included the case of other land owners/Claimants who had also preferred the Land Reference. It may be stated here that though the State Government contested the matter before the Reference Court, the plea of limitation in filing the Applications under section 18 was not raised by the State Government and no issue of limitation was framed by the Reference Court in that regard.