SHAKUBEN Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service for the respondents and by consent, the petition was heard today in view of the earlier order dated 06.10.2010.

(2.) Out of the original two petitioners, the first petitioner has passed away and his heirs are brought on record. The petitioners have made the grievance that their land bearing Survey No.13/1 was acquired for the construction of Narmada Main Canal after Notification dated 13.12.1985 under Section 4 of the Land Acquisition Act, 1894 (for short, ?the Act?), was published. Even as the Award in LAQ Case No.52/1985 was declared on 21.04.1989, the petitioners had made their applications for Reference under Section 18 of the Act on 06.06.1989. There is no dispute about the fact that those applications are not available with the respondents and they have not been acted upon, even as payment pursuant to the aforesaid Award was made on 21.03.1990. Petitioners have sought the direction to make Reference pursuant to the applications which are admittedly received by respondents in their office. It is also clear from the record that the petitioners' applications were singled out and neglected even as the applications for Reference in respect of other lands covered by the same Notification were referred and the Court had also disposed those cases by awarding additional compensation. Those matters were even carried in appeal, while the petitioners were awaiting the Reference of their cases and inquiring about the fate of their applications.

(3.) By filing an affidavit-in-reply of the Special Land Acquisition Officer, it is contended that the petition suffers from vice of delay and laches, while admitting that the Special Land Acquisition Officer had forwarded the other applications under Section 18, in respect of the Reference cases in respect of the same acquisition process, the District Government Pleader had written a letter dated 16.12.1998 to the Executive Engineer as well as the Special Land Acquisition Officer, which was replied by letter dated 30.12.1998 and it was stated therein that the claimants had accepted the amount of compensation under the Award in respect of the lands bearing Survey Nos.13/1 and 14; and the amounts having been accepted without protest, the claimants had no right to demand reference of their case under Section 18 of the Act.