PARSOTTAMBHAI MAGANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals by special leave are directed against the common judgment and order of the High Court of Gujarat at Ahmedabad dated November 7, 2000 in First Appeals Nos. 7957 to 7969 of 1999 whereby the High Court held that the application for making a reference under Section 18 of the Land Acquisition Act was barred by limitation.

(2.) The facts of the case are few and undisputed. Pursuant to acquisition proceeding taken under the Land Acquisition Act, an award was declared under Section 11 of the Act on January 17, 1982. The respondents filed an application for making a reference under Section 18 of the Act on September 22, 1988. The High Court held that since the application for making a reference under Section 18 of the Act was filed beyond the period of six months from the date of declaration of the award; the same was barred by limitation. Hence, the High Court allowed the appeals preferred by the State of Gujarat and quashed the judgment and awards passed by the Reference Court in Land References Cases referred to it for adjudication.

(3.) The High Court considered the case in the light of the provisions of Section 18 of the Land Acquisition Act. It, firstly, held that the claimants were not present when the award was made and, therefore, Section 18 (2) (a) was not attracted. It, then, held that the State had not been able to establish that a notice under Section 12 (2) of the Act was issued and served upon the claimant. Thus, the first part of Section 18(2)(b) was also not attracted. It, therefore, held that the limitation prescribed under the latter part of Section 18 (2) (b) applied in the case and held that the application under Section 18 ought to have been filed within six months from the date of the declaration of the award. Since the application for reference was made beyond the period of six months from the date of declaration of the award, the same was barred by time.