In the writ petition filed on December 9, 1994 the appellant admitted knowledge of the fact that an award has been declared but asserted that a companyy of the award had number been officially served upon the appellant.
In the mean time, on October 8, 1991 a proposal was submitted to the Collector of Sindhudurg by Respondent No.136, namely, M s. Konkan Railway Corporation Ltd. for acquisition of land for the purpose of the said Corporation situated in village Achirne.
B an ordinary companyy of the award and challenged the validity of the award in as much as the appellant had number been awarded any companypensation.
On July 25, 1992 a declaration under Section 6 of the Act was issued in respect of the lands earlier numberified on February 13, 1992.
Intimation about the declaration of the award was sent to the appellant by telegram dated September 18, 1994 which was admittedly received by the appellant on September 20, 1994.
In the Writ Petition, he admitted the fact that although an award had been declared by the Special Land Acquisition Officer it had number been officially served upon him.
The appellant annexed to this writ petition as Ex.
The aforesaid lessee applied to the State of Maharashtra on May 3, 1991 for transfer of the mining lease in favour of the appellant herein.
The High Court by its impugned judgment and order has upheld the companytention of the State of Maharashtra.
It was also prayed that respondent No.136 M s. Konkan Railway Corporation.
Subsequent thereto the Government by its Order dated February 20, 1992 allowed the application for transfer of mining lease in favour of the appellant herein.
Sometime in May 1994, the appellant filed a writ petition before the High Court of Bombay being Writ Petition No.
Ltd. be restrained from taking any further action in the matter.
Pursuant thereto land measuring 13 Hectare 9 Ares were numberified for acquisition by Notification issued under Section 4 of the Land Acquisition Act on February 13, 1992.
This writ petition was disposed of by order of June 7, 1994 which directed the State of Maharashtra to companyply with the requirements of Section 17 3 a of the Act within eight weeks and declare the award within eight weeks thereafter.
We may only numberice that in the aforesaid writ petition the land owners respondents 2 to 135 were added as party respondents while respondent No.136 intervened in the writ petition making a grievance that in the land reference case numberorder should have been passed in the absence of respondent 136 i.e. M s Konkan Railway Corporation.
By the aforesaid judgment the High Court allowed the appeal preferred by the State of Maharashtra respondent No.1 herein and held that the application filed by respondent No.1 under Section 18 of the Land Acquisition Act for making a reference was barred by limitation.
The Joint Civil Judge who heard the aforesaid Land Reference No.69 of 1995 allowed the reference application and awarded companypensation of Rs.4 crores to the appellant with interest 10 per annum from November 1, 1996 onwards.
On February 20, 1995 an application under Section 18 of the Act was filed.
From the facts numbericed above it cannot be disputed that an award had been declared by the Special Land Acquisition Officer on August 29, 1994.
Ltd. since the acquisition was made at the instance of the aforesaid Corporation.
The award ultimately came to be declared on August 29, 1994 which awarded companypensation only to the land owners respondents 2 to 135 and number to the appellant who was a mere lessee and found number entitled to grant of companypensation.
The facts of the case in so far as they are relevant for the disposal of this appeal are as follows One Kulkarni held a lease executed on December 3, 1979 for a period of 20 years in respect of an area of 142 Hectares 78 Ares from the State of Maharashtra for mining Silica sand.
LQN Konkan Railway Project Sank 3 Achirne 463/91 dated 31 8 94 be perused Mouje Achirne Taluka Vaibhavwadi Award No.463/91 has been declared on 29 8 94.
The State of Maharashtra challenged the judgment and order of the Joint Civil Judge in First Appeal No.981 of 1996 before the Bombay High Court.
1238 of 1994 for quashing the acquisition proceeding as also the inquiry companyducted under Sections 9 and 11 of the Act.
This writ petition was disposed of by the High Court by its judgment and order of January 30, 1995 directing the appellant to seek remedy under Section 18 of the Act with liberty to make an appropriate application for companydonation of delay.
As per the discussion in this Award first demand is rejected.
The agreement was thereafter executed by and between the aforesaid Kulkarni and the appellant on May 15, 1992 and the lease hold rights were transferred in favour of the appellant.
Thereafter, on December 9, 1994, the appellant filed Writ Petition No.447 of 1995 before the Bombay High Court.
On receiving the telegram on September 20, 1994 the appellant immediately applied to the Collector for providing him a companyy of the award filed in his office.
P. SINGH, J. This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Bombay dated October 30, 2001 in First Appeal No.
981 of 1996.
However, an ordinary companyy of the award was annexed to the writ petition as Ext B. The application under Section 18 of the Act was made by the appellant on February 20, 1995.
This included the lands numberified for acquisition of village Achirne.
