PATEL NATVARBHAI PRABHUDAS Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Rule. Mr. K. M. Mehta. learned Assistant Government Pleader waives service thereof. At the request of learned Counsels appearing for the parties, the petition is heard today. The lands belonging to the petitioners were acquired by the State for public purpose. The lands are situated in Nadoliya Village of Kadi Taluka in Mehsana District. The award was passed on 14-9-1992. The petitioners were not present at the time of passing the award and they received notice under Sec. 12(2) of the Land Acquisition Act, 1894 ("Act" for short). On 25-5-1993, according to the petitioners. they filed reference application seeking enhancement of compensation on 11-6-1993. The case of the petitioners is that the respondent-Land Acquisition Officer rejected the reference application on the ground that these petitioners had accepted award and, therefore, under Sec. 18 of the Land Acquisition Act there cannot be any reference to the District Court for enhancement of compensation. The petitioners challenge the order passed by the respondent on 4-8-1993.

(2.) We have heard the petitioners' learned Counsel and the learned A.G.P., for the respondent.

(3.) The petitioners' contention is that they had received compensation and raised oral objection to the effect that the compensation amount was inadequate. After receiving notice issued under Sec. 12 of the Act, the petitioners filed reference application within the period of limitation and, therefore, it is contended that the respondent was bound to refer the case for the purpose of deciding the question regarding enhancement of compensation. Counsel for the petitioners contended that even if the petitioners had not raised any protest as such, reference application is filed within time and that is sufficient to indicate that they had not accepted the award. Section 18 of the Land Acquisition Act reads as under :-