- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 09.O9.2008 passed by the High Court of Bombay at Aurangabad holding the Reference made by the Collector under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") to be barred by limitation. The High Court, accordingly, reversed the Award dated 29.10.1993 passed by the Reference Court granting enhanced compensation to the appellants. Aggrieved, this appeal has been filed.
(3.) The brief facts of the case may be usefully recited as hereunder: Acquisition of a total area of 8 Hectares 40 Ares covered by Survey No.49 situated at village Phule Pimpalgaon in Taluka Majalgaon of Beed District was initiated by a Notification under Section 4 of the Act which was published in the gazette on 13.03.1980. No objection under Section 5A of the Act was filed by any person interested. Consequently, the Notification under Section 6 of the Act was published on 18.04.1982 and an Award was passed on 16.08.1985 granting compensation at the rate of Rs.50/- , Rs.65/- and Rs.75/- per Are respectively for different categories of land classified as Grade I, II and III in the Award. As there was a dispute with regard to the ownership of the land, the Collector (Special Land Acquisition Officer) referred the matter to the civil court for apportionment of compensation under Section 30 of the Act. The Reference under Section 30 made by the Collector which was registered and numbered as L.A.R. No. 94/1985 came to be disposed of by the learned Second Additional District Judge, Beed on 4.9.1991 holding that the present appellants (claimants 1 and 2) are entitled to compensation in respect of 20 acres of the acquired land and the remaining parties (claimants 3 to 7) for compensation in respect of remainder of the acquired land.;