BELIM JIVA RAHIM SULTAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard learned Counsel. This Special Civil Application was filed in this Court on 2/05/1997. The ex parte ad-interim order in terms of Para 18(B) was granted on 3/06/1997 and it lasted upto 30th September 1997.

(2.) It appears that the main Special Civil Application itself was dismissed on account of the absence on 30/09/1997 and the same was restored by order dated 4/12/1998 (Coram: J.M.Panchal & M.H.Kadri, JJ.). It appears that during the pendency of this petition, while there was a stay order in terms of Para 18(B), i.e. with regard to the possession only in the acquisition proceedings, after the ad-interim order was vacated on 30/09/1997, the award was passed on 7/01/1999. Amendment was then sought challenging the award dated 7.1.1997.

(3.) The learned Counsel for the petitioners Mr.Parekh has argued that the date of the declaration under Section 6 being 27/08/1996 and date of its publication in the Gazette being 19/09/1996, even if the period from 3/06/1997 to 30th September 1997 during which the stay remained operative is excluded, the award has been passed after a period of two years and, therefore, the award cannot be sustained in the eye of law. On behalf of the respondents it has been pointed out that though the notification under Section 6 is dated 27th August 1996 and it is also true that it was published in the Gazette on 19/09/1996, the fact remains that it was lastly notified on 7/11/1996 as is evident from the xerox copy of the order sheet (Rojkam) dated 7th November 1996 available at page no.53 in the documents filed with the affidavit-in-reply on behalf of the respondent no.2, dated 18/07/1997 that it was lastly notified on 7/11/1996.