PATEL GANESH VITTHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. M.H. Rathod waives service of rule on behalf of respondents. In the facts of the case at the request and with the consent of the learned advocates appearing for the parties the petition is ordered to be heard today. Short question is -Does the provisions of section 18 of the Land Acquisition Act 1894 require that the application requesting the Collector to make reference may be signed by the person interested himself and if it is signed by his duly authorised advocate/agent would it not be maintainable ?

(2.) The petitioner is an agriculturist. He owns land in village Alang Taluka Talaja District Bhavnagar. His land admeasuring 1 Hecters 19 Ares and 38 sq.mts was sought to be acquired at the instance of Gujarat Industrial Development Corporation for establishing industrial estate at village Alang. After the publication of notification under section 4 and declaration under section 6 of the Land Acquisition Act 1894 (hereinafter referred to as the Act) the land acquisition officer followed the necessary procedure. Ultimately a common award under section 11 of the Act was passed on September 12 1990 As disclosed from the record of the petition the petitioner was awarded an amount of Rs. 1 945 977 (Rupees one lac ninetysix thousand nine hundred and seventyseven only).

(3.) The petitioner has accepted the said amount of compensation under protest on February 13 1992 Within the prescribed lime limit the petitioner submitted an application under section 18 of the Act under the signature of his advocate requesting the Collector to make reference to the District Court. The Collector issued show cause notice calling upon the petitioner to show cause as to why the application should not be rejected on the ground that the application was not signed by the person interested i.e. the petitioner himself and that as no undertaking was filed in the prescribed form for payment of court fees. The petitioner replied to the same. It is an admitted position that as far as the filing of undertaking was concerned the said requirement was fulfilled.