State of Gujarat Vs. Gopalbhai Becharbhai  INSC
995 (21 August 1996)
K. Ramaswamy, K.G.B. Pattanaik (J)
1996 SCALE (6)270
APPEAL NOS. 1965-73 OF 1989
O R D
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.
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.
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.
appeals are accordingly allowed. No costs.
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