SHARDABEN JAYANTILAL PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The petitioner herein has prayed to quash and set aside the impugned orders dated 21.11.2009 and 10.02.2011 passed by respondent no. 1 and to direct respondent no. 1 to decide the application of the petitioner under section 28A of the Land Acquisition Act and to pay suitable compensation thereby.

(2.) The case of the petitioner who is the owner and occupier of the land bearing Block No. 54/2 admeasuring 3840 sq. mts. situated at village Chandranagar, Savlil, Vadodara , is that the reference court passed an award on 13.05.2008 declaring amount of compensation at Rs. 12.80 per sq. mtr as additional compensation for the land acquired under the Land Acquisition Act (hereinafter referred to as 'the Act'). Since the petitioner had not made application under Section 18 of the Act, she made an application under section 28A of the Act through her advocate Deval Nanubhai Bhatt on 25.08.2008.

(3.) Mr. K.M. Sheth, learned advocate appearing for the petitioner submitted that initially the petitioner had given oral instructions to her advocate to make an application under section 28A of the Act as the petitioner was a senior citizen and at the relevant time resided abroad and therefore it was not possible for her to come and file an application personally. He submitted that at the time of hearing i.e. on 17.11.2009, the power of attorney was produced along with the affidavit of the petitioner which stated that she had given oral instructions and power to her advocate to file application under section 28A of the Act.