CHHITUBHAI NARANBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Chhitubhai Naranbhai Patel, through his legal heir Kanchanben Chhitubhai Naranbhai Patel, has filed this petition challenging the order dated 22.3.2004 passed by the Special Land Acquisition Officer, Vadodara. The Special Land Acquisition Officer, by the impugned order, rejected the application filed by the petitioner under Section 28A of the Land Acquisition Act, 1894 ('Act' for short), dated 21.7.1997, on the ground that the petitioner had not produced certified copy of the award passed by the Reference Court on time and had not filed the application within the period of limitation.

(2.) The facts giving rise to this petition are as under:

(3.) Shri Chhitubhai Naranbhai Patel, father of the petitioner, was the owner and occupier of the land situated at village Maganand, Taluka Jambusaar, District Bharuch, being Block No.55, admeasuring 2292 sq.mtrs. The land of the petitioner was acquired by the Special Land Acquisition Officer for construction of Jambusar Branch canal of Narmada Project. The Government, therefore, issued a notification under Section 4 of the Act on 19.1.1981. After following the procedure prescribed under the Act, the Special Land Acquisition Officer, by order dated 30.5.1990, in Land Acquisition Case No.12 of 1988, awarded compensation of Rs.1.60 per sq.mtr for non-irrigated land and Rs.2.40 per sq.mtr for irrigated land.