EXECUTIVE ENGINEER Vs. JAYABEN RAMJIBHAI

JUDGEMENT

(1.) The present group of First Appeals are filed by the Appellant - Original Opponent No.2 - Gujarat Energy Transmission Corporation Limited being aggrieved with the impugned judgment and order rendered in Land Reference Case No. 1843/1992 to 1849/1992 [Main Land Reference Case No. 1846/1992] by the learned 3rd Additional Senior Civil Judge, Vadodara dated 29.1.2010 making the award for compensation under the Land Acquisition Act as recorded in the judgment.

(2.) Heard learned Advocate Shri S.P.Hasurkar for the Appellant, learned Advocate Shri Trilok J. Patel for Respondent Nos. 1 to 3 and learned AGP Shri P.P.Banaji for Respondent No.1.

(3.) Learned Advocate Shri S.P.Hasurkar has referred to the Notification under section 4 of the Land Acquisition Act dated dated 28.9.1990 as well as the Notification under section 6 of the Land Acquisition Act dated 26.12.1990. He submitted that the award is passed on 26.8.1991. Learned Advocate Shri Hasurkar therefore submitted that the Reference was made by the claimants for enhancement. However, he submitted that the Reference is required to be made within a period of six months as provided under section 18(2) of the Land Acquisition Act. He therefore submitted that the award made by the Reference Court is beyond the period of limitation, and therefore, is a nullity. Learned Advocate Shri Hasurkar referred to the provisions of section 23(2) of the Land Acquisition Act to support his submission and submitted that the Land Acquisition Officer has passed an award on 26.8.1991 and the Reference was filed and registered on 19.6.1992. He therefore submitted that the Reference is beyond the prescribed period of six months and was not maintainable. Learned Advocate Shri Hasurkar submitted that the Reference Court ought not to have entertained such Reference. He submitted that when the statute has prescribed the period within which such Reference could be made, it cannot be entertained and the period of limitation cannot be extended.