PATEL SUMITRABEN DHULABHAI Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Rule. Shri Dhavan Jayswal, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent State. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, the present Special Civil Application is taken up for final hearing today.

(2.) The land in question bearing Survey Nos. 787, 794, 797, 800, 810,811 and 812 situated at village Vamaj, Tal: Kadi came to be acquired under the provisions of Land Acquisition Act, 1894. that the petitioner herein submitted the application under section 18 of the Land Acquisition Act being dissatisfied with the amount of compensation awarded by the Special Land Acquisition Officer. The said application was made in the year 2002, however nothing further was done. Thereafter, petitioner through advocate made a representation in the year 2013, which was replied by the Deputy Collector and Special Land Acquisition Officer stating that the original application for Reference is not available on record. That thereafter, under Right to Information Act, the petitioner was intimated that the application preferred by the petitioner was received by the office on 20.08.2002 but as the name of the petitioner was not in the award, same was not referred to the Court. Hence, the petitioner has preferred the present Special Civil Application under Art. 226 of the Constitution of India for the appropriate direction and order directing the respondents to make a Reference to the concerned District Court under section 18 of the Land Acquisition Act. Now, the petitioner has produced the authority letter of the owner of the land who are the subsequent purchaser.

(3.) In response to the notice issued by this Court, Shri Dhavan Jayswal, learned AGP has appeared on behalf of the respondent authority. It is submitted that as the petitioner and the applicant have purchased the land after notification under section 4 of the Land Acquisition Act, their application under section 18 of the Land Acquisition Act is required to be rejected.