BHIL PREMAJI RAVAJI Vs. SPECIAL LAND ACUISITION OFFICER

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioners - heirs of the original land owners have prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 01.09.2016 passed by the Special Land Acquisition Officer, Sabarkantha, at Himatnagar by which the Special Land Acquisition Officer has refused to condone the delay in making application for reference under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as "Act").

(2.) Facts leading to the present Special Civil Application in nutshell are as under: 2. 1 That the land in question came to be acquired for the public purpose as far as back in the year 198687. That the Land Acquisition Officer declared the award under Section 11 of the Act on 01.08.1987. At this stage it is required to be noted that at the relevant time some of the heirs of the original land owner also raised the objection and thereafter the award came to be declared by the Special Land Acquisition Officer under Section 11 of the Act on 01.08.1987. That thereafter the petitioners herein claiming to be the heirs and legal representatives of the deceased - original land owner Ravaji Maknaji Bhil submitted the application under Section 18 of the Act in the year 2015. There was a delay in submitting the application under Section 18 of the Act and therefore, the petitioners submitted the application requesting to condone the delay in making application under Section 18 of the Act. That by a detailed and speaking impugned order the Special Land Acquisition Officer has refused to condone the delay on the ground that the same is barred by limitation as provided under Section 18 of the Act. Hence, the petitioner has preferred the present petition under Article 226 of the Constitution of India.

(3.) Shri Vaibhav Sheth, learned Advocate appearing on behalf of the petitioner has vehemently submitted that as such the original land owner died in the year 1985 and thereafter the award under Section 11 of the Act was passed in the year 1987. It is submitted that at the relevant time when the award was declared no notice was served upon the heirs of the deceased - original land owner and therefore, as soon as the petitioners came to know about the award, the petitioners submit the application under Section 18 of the Act. Under the circumstances, the Special Land Acquisition Officer ought to have condoned the delay in submitting the application under Section 18 of the Act. Making above submissions and relying upon the decisions of the Hon'ble Supreme Court in the case of Parsottambhai Maganbhai Patel and Ors. v. State of Gujarat Through Dy. Collector, Modasa and Anr. reported in (2005) 7 SCC 431 and in the case of Bhagwan Das and Ors. v. State of Uttar Pradesh and Ors. reported in (2010) 3 SCC 545 , it is requested to allow the present petition.