DAMOR FATAJI Vs. STATE OF GAJARAT AND OTHERS

JUDGEMENT

(1.) The only question which arises for consideration in this petition is whether the Land Acquisition Officer was right in rejecting the petitioners' application to make reference under Section 18 of the Land Acquisition Act. The main ground on which the Land Acquisition Officer refused to make reference was that application for reference was barred by limitation. According to the Land Acquisition Officer, the petitioners were served with notice under Section 12(2) of the Land Acquisition Act on August 7, 1984 and, therefore, application for reference made on September 26, 1984 was barred by limitation. It was incumbent upon the Land Acquisition Officer to serve copy of the award on the petitioners and unless and until copy of the award was served on the petitioners, limitation for making application for reference under Section 18 would not begin to run. Admittedly in this case, copy of the award was not served on the petitioners. The Land Acquisition Officer has in his letter dated April 7, 1986 addressed to the petitioners, stated that petitioners had not applied for copy of the award. This clearly indicates that the copy of the award was not served on the petitioners. Under the circumstances, it must be held that the Land Acquisition Officer has committed an error of law in holding that the application made by the petitioners was barred by limitation.