Full Judgment Text
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PETITIONER:
THE STATE OF GUJARAT
Vs.
RESPONDENT:
GOPALBHAI BECHARBHAI
DATE OF JUDGMENT: 21/08/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (6)270
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NOS. 1965-73 OF 1989
O R D E R
These appeals by special leave arise from the judgment
dated March 9, 1988 of the High Court of Gujarat in SCA
No.5825/86 and batch directing the appellant to make a
reference to the civil Court. The controversy is no longer
res integra.
The admitted facts are that the award under Section 11
of the Land Acquisition Act, 1894 was passed on June 26,
1981. Notice under Section 12(2) was issued on September 18,
1981. After lapse of three years, an application came to be
filed on July 30, 1985 seeking reference under Section 18.
The land Acquisition Officer (Deputy Collector) rejected the
application on December 16, 1585. Challenging that order,
the writ petition came to be filed. In view of the
provisions in Section 18 (2) read with Section 31 of the
Act, after the notice was received under Section 12(2) the
claimants are required to file an application under Section
18 seeking reference within a period of 30 days from the
date of the award when the claimants were present at the
time of making the award either in person or through counsel
or within six months from the date of the receipt of the
notice. In view of the fact that notice was issued on
September 18, 1981, the application should have been filed
within six weeks from the date of the Collector’s award when
the person was present or was represented by the counsel
before the Collector or six weeks from the date of the
receipt of the notice under sub-section (2) of Section 12 or
within six months from the date of the Collector’s award,
whichever period shall first expire. Since the application
came to be filed a long, after about three years from the
date of the award, the direction issued by the High Court is
clearly illegal.
The appeals are accordingly allowed. No costs.
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