- (1.) This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Bombay dated 30-10-2001 in First Appeal No. 981 of 1996. 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 Sec. 18 of the Land Acquisition Act for making a reference was barred by limitation. The sole question which, therefore, arises for consideration in the instant appeal is whether the said application filed by the appellant hereinunder Sec. 18 of the Land Acquisition Act was barred by time.
(2.) The facts of the case insofar as they are relevant for the disposal of this appeal are as follows : One Kulkarni held a lease executed on 3-12-1979 for a period of 20 years in respect of an area of 142 hectares 78 ares from the State of Maharashtra for mining sillica sand. The aforesaid lessee applied to the State of Maharashtra on 3-5-1991 for transfer of the mining lease in favour of the appellant herein. In the meantime, on 8-10-1991 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. Pursuant thereto land measuring 13 hectares 9 ares was notified for acquisition by Notification issued under Sec. 4 of the Land Acquisition Act on 13-2-1992. Subsequent thereto the Government by its order dated 20-2-1992 allowed the application for transfer of mining lease in favour of the appellant herein. This included the lands notified for acquisition of village Achirne. The agreement, was thereafter, executed by and between the aforesaid Kulkarni and the appellant on 15-5-1992 and the leasehold rights were transferred in favour of the appellant.
(3.) On 25-7-1992 a declaration under Sec. 6 of the Act was issued in respect of the lands earlier notified on 13-2-1992.;