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Judgment
R.K. Deshpande, J.—Admit. Heard the matter finally by the consent of the parties.
This civil revision application challenges the order dated 17.8.2010 passed by the Special Land Acquisition Officer, rejecting the application filed by the Petitioner for reference to the Court for enhancement of the compensation u/s 18 of the Land Acquisition Act. The Award in question was passed on 18.7.2006 and it is alleged that the notice u/s 12(2) of the Land Acquisition Act, was served upon the Petitioner on 18.1.2007. The reference was sought in the months of February, 2008 and hence, it is held that it is barred by limitation.
The question of limitation is mixed question of law and fact and it is required to be pleaded and proved. The contention of the Respondents is that the notice u/s 12(2) of the said Act was served upon the Petitioner on 18.1.2007, whereas the contention of the Petitioner is that for the first time, the said notice came to the knowledge of the Petitioner on 17.9.2008 when the reply was filed in Writ Petition No. 2773 of 2008 by the Respondents. The Special Land Acquisition Officer has not adjudicated upon this disputed question of fact. At any rate, this question can be gone into by the Civil Court and the Special Land Acquisition Officer could not have rejected the application u/s 18, for reference.
In view of above, the Civil Revision Application is allowed. The order dated 17.8.2010 passed by the Special Land Acquisition Officer, rejecting the application u/s 18 of the Land Acquisition Act, is hereby quashed and set aside. The Special Land Acquisition Officer is directed to refer the matter to the Civil Court by keeping open, the question of limitation to be decided by the Civil Court. No costs.