PATEL BHOLABHAI HARGOVANDAS Vs. SPECIAL LAND ACQ OFFICER

JUDGEMENT

(1.) RULE. Ms. Archana Raval, learned AGP, waives service of notice of rule on behalf of the respondents.

(2.) THE present petitions have been filed by the petitioners herein for the prayer that writ of mandamus or any other writ, order or direction may be issued quashing and setting aside the impugned order dated 22.8.2005 passed by respondent no. 1-Special Land Acquisition Officer, ONGC Unit No. 2, Mehsana, Annexure-B, on the grounds mentioned in detail in the memo of petition, inter alia, that the applications filed by the petitioners under sec. 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') cannot be rejected on the ground that the petitioners have accepted the compensation without protest. Reliance has been placed on the judgment of the Hon'ble Gujarat High Court in the case of Kanjibhai Somabhai Vasava and anr. v. State of Gujarat and Ors, reported in 2004(1) GLR 563 and also in the case of Patel Natvarbhai Prabhudas and Ors. v. Special Land Acquisition Officer No. 1 reported in 1999(1) GLR 437.

(3.) LEARNED advocate Mr. A.V. Prajapati for the petitioners submitted that as stated in the applications for reference under sec. 18 of the Act, the petitioners have not accepted compensation without protest and only a meagre amount of Rs. 600 per are was awarded and, therefore, the applications for reference under sec. 18 of the Act were filed. However, the same has not been entertained on the ground that they have accepted the compensation without protest, which is contrary to law, as laid down by the Hon'ble High Court as well as the Hon'ble Apex Court. In support of his submission, learned advocate Mr. Prajapati has referred to and relied upon the judgment in the case of Kanjibhai Somabhai Vasava and Anr (supra) and pointedly referred to the observation that 'Sin order that an owner of land acquired under the Act may be able to apply for making a reference, it is not necessary that he must accept the award amount under protest ' He may not accept any part of the amount, and can still insist for a reference.'' The learned advocate has also referred to and relied upon the judgment of the Hon'ble High Court in the case of Patel Natvarbai Prabudas and ors. (supra) to substantiate his submission that it cannot be presumed that the petitioners have accepted the award because they have accepted the compensation without protest.