AJANBHAI LADHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader Ms. Harsha Devani waives service of notice of Rule on behalf of the respondents. The petitioners have questioned the legality and validity of the Special Land Acquisition Officer passed, on 20th March, 2003 in relation to the application of the petitioners under section 28-A of the Land Acquisition Act, 1984 tendered for redetermination of the amount of compensation on the basis of the award of the Court holding that there was a delay in making an application and therefore, the application came to be rejected. Hence, this petition under article 226 of the Constitution.

(2.) After having heard the learned advocates appearing for the parties and considering the text and tenor of the impugned order of the Special Land Acquisition Officer, Palanpur and the provisions of General Clauses Act, we are of the opinion that the impugned order is palpably and patently illegal.

(3.) It is an admitted fact and it is also manifest from the impugned order that the application under section 28-A of the Act could not be filed within the statutory prescription of 90 days which came to be expired, on 13th January, 2001, and there is no dispute further about the fact that 13th and 14th January were declared public holidays and the application came to be presented and filed, on 15th January, 2001. Obviously therefore, when the day on which limitation expires happens to be a holiday or public holiday, succeeding working day has to be taken into consideration excluding holidays for the purpose of computation of time.