KANJIBHAI SOMABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule on each of these petitions. The learned Assistant Government Pleader Ms. Harsha Devani waives service of notice of Rule in all the matters. The learned Advocate Mr. K.M.Patel waives service of notice of Rule for respondent no. 3 in all the matters. As the point involved is a short one and the learned counsel for both the sides request us for taking up the matters for final hearing, we have heard them.

(2.) In all these petitions, the Special Land Acquisition Officer has made a composite order dated 5th April, 2003 by which he has returned the applications made under section 18 of the Land Acquisition Act seeking a reference to be made against the award. It is surprising that the Land Acquisition Officer, instead of making an order on the applications, has returned them for which there is no provision under the law. It was incumbent on the officer concerned to make orders on the applications which were made by the parties whose lands were acquired and by whom the awards were not accepted.

(3.) In the impugned order, the Special Land Acquisition Officer has observed that since the applicants had not accepted the amount of compensation under protest, there was no question of making a reference under section 18.