THE STATE OF GUJARATversusGOPALBHAI BECHARBHAI ETC.

A                         THE STATE OF GUJARAT
                                    v.
                      GOPALBHAI BECHARBHAI ETC.

                                AUGUST 21, 1996

B              [K. RAMASWA\1Y AND G.B. PATTANAIK, JJ.]

         Land Acquisition Act, 1894: Sections 11, 12(2), 18(2) and 31.

          Land acquisition-Award-Application for referenc~Time limitation
C forfiling-Award passed on June 26, 1981-Notice under Section 12(2) issued
    on September 18, 1981-Application seeking reference under Section 18 filed
    011 July 30, 1985 i.e. after lapse of 3 years from the date of receipt of
    11otic~Applicatio11 rejected by Land Acquisition Office1-Writ-High Cowt
    directing the State to make referenc~Appeal prefemd by Stat~Held since
    the application came to be filed a long after about three years from the date
D   cf the award, the direction issued by the High Cowt is clearly illegal.

         CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1964 of
    1989 Etc.

         From the Judgment and Order dated 9.3.88 of the Gujarat High
E   Court in S.C.A. No. 5825 of 1986.

          Ms. N. Mukherjee and Mrs. H. Wahi for the Appellant.

          The following Order of the Court was delivered :                          •
F         These appeals by special leave arise from the judgment dated March
    9, 1988 of the High Court of Gujarat in SCA No. 5825/86 and batch
    directing the appellant to make a reference to the civil Court. The con-
    troversy is no longer res integra.

          The admitted facts are that the award under Section 11 of the Land
G Acquisition Act, 1894 was passed on June 26, 1981. Notice under Section
    12(2) was issued on September 18, 1981. After lapse of three years, an
    application came to be filed on July 30, 1985 seeking reference under
    Section 18. The Land Acquisition Officer (Deputy Collector) rejected the
    application on December 16, 1985. Challenging that order, the writ petition
H   came to be filed. In view of the provisions in Section 18(2) read with
                                       30
                           STATE v. GOPALBHAI BECHARBHAI                           31

         Section 31 of the Act, after the notice was received under Section 12(2)        A
         the claimants are required to file an application under Section 18 seeking
         reference within a period of 30 days from the date of the award when the
4        claimants were present at the time of making the award either in person
     >   or through counsel or within six months from the date of the receipt of the     B
         notice. In view of the fact that notice was issued on September 18, 1981,
         the application should have been filed within six weeks from the date of
         the Collector's award when the person was present or was represented by
         the counsel before the Collector or six weeks from the date of the receipt      C
         of the notice under sub-section (2) of Section 12 or within six months from
_,       the date of the Collector's award, whichever period shall first expire. Since
         the application came to be filed a long, after about three years from the
         date of the award, the direction issued by the High Court is clearly illegal.

               The appeals are accordingly allowed. No costs.

         T.N.A .                                                    Appeals allowed.


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