BENABEN BHANABHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioners have prayed to issue a writ of certiorari or any other appropriate writ or direction to set aside order dated June 18, 1990 passed by the Special Land Acquisition Officer, Tapi Canal Scheme, "b" Branch, Surat by which the petitioner No. 1 i. e. Mrs. Benaben Bhanabhai is informed that the application dated February 2, 1990 made by her requiring the Special Land Acquisition Officer to refer the matter to the Court for determination of appropriate amount of compensation payable to her, is not accepted as the same is time barred under Section 18 (2)of the Land Acquisition Act, 1894 ("the Act" for short) and is therefore ordered to be filed. The petitioners have also prayed to declare that the provisions contained in Section 18 (2) of the Act prescribing the period of limitation for making application for reference to the Court are ultra vires and unconstitutional, as they violate the fundamental rights of the petitioners guaranteed under Articles 14, 21 and 300-A of the Constitution.

(2.) THE petitioners were the owners of lands bearing Survey No. 701/1-2/3-4-7-8 and Survey No. 705/1 admeasuring, in aggregate 14873 Sq. Mtrs. situated at village Ichhapore, Tal. Choryasi, District : Surat. It appeared to the appropriate Government that the lands of the petitioners and others were likely to be needed for the public purpose of Hajira Fertilizers Complex Township extension. Therefore, notification u/s 4 of the Act was published in the Government Gazette on March 17, 1983. Those who were interested in the lands had filed their objections. After consideration of the objections, the Special Land Acquisition Officer forwarded his report u/s 5-A (2) of the Act to the Government. The Government on consideration of the report was satisfied that the lands in question were needed for the public purpose of Hajira Fertilizers Township extension. Therefore, notification u/s 6 of the Act was published on September 20, 1983. Thereafter notices u/s 9 of the Act were served upon the petitioners in September, 1983. The notification issued u/s 6 of the Act by the Government was challenged by the petitioner No. 1 and others by way of filing Special Civil application No. 5018 of 1983, wherein interim relief was granted restraining the respondents from interfering with petitioners' possession of the lands. Meanwhile, the Special Land Acquisition Officer issued notice dated June 10, 1986 informing the petitioners that pursuant to the notice served u/s 9 of the Act, the date of hearing was fixed before him on June 30, 1986.

(3.) THE case of the petitioners is that as they had challenged the notification issued u/s 6 of the Act dated September 20, 1983 in Special Civil Application No. 5018 of 1983, they did not remain present before the Special Land Acquisition Officer on the date of hearing specified by him. The Special Land Acquisition Officer made his award on August 20, 1986.