POBARI SHANTILAL MOHANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. H.L.Jani,learned A.G.P. waives service of notice of rule on behalf of the respondents. At the joint request of the learned advocates appearing for the parties, the petition is taken-up for final hearing today.

(2.) By means of filing this petition under Article 226 of the Constitution,the petitioner has prayed to issue a writ of certiorari or any other appropriate writ, order or direction to quash and set aside order dated 22/10/1997 by which application dated February 22, 1995 made by the petitioner requiring Special Land Acquisition Officer, Junagadh to refer the matter to the Court for determination of compensation is rejected on the ground that it is time barred. The petitioner has further prayed to issue a writ of mandamus or any other appropriate writ or order directing respondent no.2 to make reference to the Court as prayed for in the application dated 22/02/1995 for the purpose of determination of compensation.

(3.) The petitioner is owner and occupier of land bearing Survey No. 132 of village Mendarada, Taluka : Mendarada, District : Junagadh. Out of the said survey number, land admeasuring 20 Are & 54 sq.mts. was acquired by the State Government for public purpose of 'Mendarada - Visavadar Road' pursuant to publication of notification on 29/11/1990, which was issued under section 4(1) of the Land Acquisition Act, 1894 ("the Act" for short). The petitioner has averred in the petition that he was served with notice under section 9 of the Act for determination of compensation. After taking into consideration the materials placed before him, Special Land Acquisition Officer made award under section 11(1) of the Act on 19/02/1994, copy of which is produced by the petitioner at Annexure-B to the petition. The petitioner has claimed in the petition that he was not aware about making of award and, therefore, he could not remain present before Special Land Acquisition Officer on the date on which the award was made. It is stated in the petition that the petitioner came to know about the award having been made by the Special Land Acquisition Officer on 11/05/1994 in respect of Survey No.132 only when notice under section 12(2) of the Act was served on him in respect of Survey No. 133/1 which was also acquired for the same public purpose and which was numbered as Land Acquisition Case No.16/93. A copy of notice received by the petitioner under section 12(2) of theAct in respect of Survey No. 133/1 is produced by the petitioner at Annexure-C to the petition. The petitioner was of the view that compensation offered by the Special Land Acquisition Officer in respect of Survey No. 132 was inadequate. Therefore, he made application dated 22/02/1995 requiring the Land Acquisition Officer to refer the matter to the Court for determination of compensation. That application is rejected by respondent no.2 vide order dated October 22, 1997 on the ground that it is time-barred. The order passed by respondent no. 2/10/1997 is produced at Annexure-A to the petition. The petitioner has claimed in the petition that he was never served with notice as contemplated by section 12(2) of the Act in respect of land bearing Survey No. 132 of village Mendarada and, therefore, the application submitted by him could not have been rejected on the ground that it is time-barred. Under the circumstances, the petitioner has filed present petition and claimed reliefs to which reference is made earlier.