MAVJI BHOJA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As in all the matters, common question arise for consideration, they are being considered simultaneously.

(2.) Rule. Mr.Jayswal, learned AGP waives service of notice of rule in SCA No.2939 and 2941 of 2013 and Mr.Patel, learned AGP waives service of notice of rule in SCA No.2940 of 2013 for the respondents. With the consent of the learned advocates appearing for both the sides, the matter is finally heard.

(3.) The short facts of the case appears to be that the lands of the petitioners have been acquired for the project of the Narmada Kutch Branch Canal. As per the petitioner, the notice under Section 12(2) of the Land Acquisition Act (herein after referred to as the Act ) without contents of the award was sent but the same was for compensation only. Whereas, only on 25.5.2012, with the contents of the award, the petitioner received the notice. On 4.7.2012, the petitioner filed the application under Section 18 of the Act for raising the dispute for compensation. On 20.9.2012, the application of the petitioners have been rejected on the ground that the applications were barred by time limit. It may be recorded that so far as petitioner of Special Civil application No.2941 of 2013 is concerned, he has not received any notice under Section 12(2) uptill now. The prayers are made in all the petitions for directing the respondents to treat the application within the time limit and to refer the matter to the reference Court.