The appellant and three other landowners challenged the judgment of the Reference Court by filing appeals under Section 54 of the Act which were dismissed by the learned Single Judge of the High Court vide judgment dated 16.8.2011, who relied upon the judgment of the Full Bench of the High Court in Special Land Acquisition Officer, Himatnagar v. Nathaji Kacharaji, 2001 3 GLH 312 and held that the applications filed by the appellant and other land owners were barred by time.
In the reply filed on behalf of the State Government, it was pleaded that the Special Land Acquisition Officer had companyrectly fixed market value of the acquired land after taking into companysideration the location, type and fertility of the acquired land.
Notification under Section 4 1 was issued on 4.3.1982 and the declaration under Section 6 1 was published on 7.10.1982.
As the companyy of the award was number annexed with the numberice, the appellant obtained certified companyy thereof through his Advocate and then submitted an application dated 8.4.1985 to the Collector for making a reference to the Court for award of higher companypensation with solatium and interest.
The appellantbs land was acquired by the State Government along with other parcels of land for implementation of Mendarda b Amrapur Road Scheme.
After passing of the award, the Collector issued numberice to the appellant under Section 12 2 , which was received by him on 22.2.1985.
In their claim petitions, the appellant and other landowners pleaded that their land had irrigation facilities that they were taking crops of groundnut, wheat, fodder etc.
The Special Land Acquisition Officer determined the amount of companypensation at the rate of Rs.110/ per Are for irrigated land and Rs.80/ per Are for number irrigated land.
It is number clear from the record whether in the reply filed on behalf of the State Government, an objection was taken to the maintainability of the applications filed by the appellant and other landowners on the ground that the same were barred by time but the Reference Court did frame an issue in that regard.
The reference made by the Collector in the appellantbs case was registered as LR Case No.1/2000.
The references made at the instance of the other landowners were registered as LR Cases Nos.2/2000 to 15/2000.
Similar numberices were received by the other landowners on 22.2.1985 and 23.2.1985.
It was also pleaded that the landowners are number entitled to higher companypensation because they had accepted the award without any protest.
and they are entitled to companypensation at the rate of Rs.1500/ per Are.
