STATE OF GUJARAT Vs. GOPALBHAI BECHARBHAI

JUDGEMENT

(1.) These appeals by special leave arise from the judgment dated 9-3-1988 of the High Court of Gujarat in S.C.A. No. 5825 of 1986, (Reported in Gopalbhai Becharbhai v. State of Gujarat, 1988(2) GLR 923) and batch directing the appellant to make a reference to the Civil Court. The controversy is no longers

(2.) The admitted facts are that the award under Sec. 11 of the Land Acquisition Act, 1894 was passed on 26-6-1981. Notice under Sec. 12(2) was issued on 18-9-1981. After lapse of three years, an application came to be filed on 30-7-1985 seeking reference under Sec. 18. The Land Acquisition Officer (Deputy Collector) rejected the application on 16-12-1985. Challenging that order, the writ petition came to be filed. In view of the provisions in Sec. 18(2) read with Sec. 31 of the Act, after the notice was received under Sec. 12(2) the claimants are required to file an application under Sec. 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 18-9-1981, the application should have been filed within six weeks from the date of the Collector's award when the persons 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-sec. (2) of Sec. 12 or within six months from the date of the Collector's award, whichever period shall first expire. Since the applicant came to be filed after a long time, after about three years from the date of the award, the direction issued by the High Court is clearly illegal.

(3.) The appeals are accordingly allowed. No costs.