Teju Laxuman Rathod And Another v. The State Of Maharashtra Through Collector And Others

{1} 932 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3440 OF 2023 TEJU LAXUMAN RATHOD AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS ...

Advocate for Petitioners : Mr. Mahishankar L. Dharashive AGP for Respondents: Mr. P.K. Lakhotiya.

CORAM : S.V. GANGAPURWALA, ACTING CHIEF JUSTICE & S.G. CHAPALGAONKAR, J.

DATE : 24th MARCH 2023 P.C.:- The grievance of the petitioner is that, reference filed under Section 18 of the Land Acquisition Act is not being accepted. 2.

The award is passed on 18.7.2007. The reference under section 18 of the Land Acquisition Act is filed in the year 2022 by post. 3.

The learned counsel for the petitioner submits that the petitioner is a poor person/labour. As such, he could not file the reference earlier. The petitioner has already received compensation amount long back. Same is accepted by the learned advocate for the petitioner.

4.

The petitioner has sought to file reference after 15 years. Same certainly would not be tenable. Same is rightly not being accepted.

{2} 932 sr.no..odt 5.

If the petitioner has a remedy under Section 28A of the Land Acquisition Act, the petitioner may avail the same, as may be permissible under law.

6.

Writ petition is disposed of. No costs.

[S.G. CHAPALGAONKAR, J.] [ACTING CHIEF JUSTICE] grt/-