BARIYA SOMABHAI BHAGABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend.

(2.) This petition is filed under Article 226 of the Constitution of India by the petitioners/owners of the land with a prayer to quash and set aside the order dated 13.12.2016 passed by respondent 3 and further to condone the delay of 4 months and 5 days occurred in filing an application under section 28A of the Land Acquisition Act, 1894 before respondent No.3.

(3.) Certain facts so stated in the writ petition about issuance of notification under Sections 4 and 6 and passed an award under Section 11 are not in dispute as early as in the year 1992-1993 one of the land owners whose land was acquired moved to Civil Court invoked provisions of Section 18 of the Act and filed reference No.713 of 1994. During pendency of the reference, respondent-Corporation offered Rs.17.40 per sq.mtr. for enhancement of compensation which was accepted by the party concerned and accordingly concerned award/decree was passed by learned 14th Additional Senior Civil Judge, in Land Reference Case No.713 of 1994 on 26.3.2012.