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PETITIONER: THE STATE OF GUJARAT

       Vs.

RESPONDENT: GOPALBHAI BECHARBHAI

DATE OF JUDGMENT:       21/08/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCALE  (6)270

ACT:

HEADNOTE:

JUDGMENT:                             WITH              CIVIL APPEAL NOS. 1965-73 OF 1989                          O R D E R      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  controversy is no longer res integra.      The admitted  facts are that the award under Section 11 of the  Land 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,  1585. Challenging  that order, the  writ  petition  came  to  be  filed.  In  view  of  the provisions in  Section 18  (2) read  with Section  31 of the Act, after  the notice  was received under Section 12(2) 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  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 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 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.

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