Vajsibhai Ramabhai Sagar vs The State Of Gujarat on 12 June, 2023
Bench: Biren Vaishnav
R/SPECIAL CIVIL APPLICATION NO. 2908 of 2023
Facts
the lands in question belonging to the petitioner were acquired for Und Reservoir of Jamnagar District. After following the procedure provided under Section 28A of the Land Acquisition Act, 1894, an award came to be published by the Deputy Collector. Section 28A deals with re-determination of the amount of compensation on the basis of the award of the Court.
Huge parcel of lands were acquired for the aforesaid scheme. Some of the land owners, whose lands were acquired, sought for reference under Section 18 of the Land Acquisition Act, 1894 and accordingly, the District Collector referred the matter to the Court of learned Senior Civil Judge, Khambaliya. Section 18 deals with reference to the Court when the party is not satisfied with the award. The learned Senior Civil Judge by his judgment and award allowed the reference cases. None of the petitioners had sought reference however, relying upon the decision of the learned Senior Civil Judge, filed application under Section 28A of the Land Acquisition Act, 1894
Learned advocate for the petitioners would submit that the petitioners were ready and willing to forego the interest if application was accepted and additional amount as per the award of the Reference Court was granted to the petitioners. He further submited that under Article 226 of the Constitution of India, the petitioners, who are claiming parity with those land owners whose lands were acquired under the same Notification and award came to be issued, can be granted by extending the period of limitation.
By the impugned order the application filed under Section 28A of the Land Acquisition Act, 1894 came to be dismissed only on the ground that the application is filed beyond the period of limitation.
On the other hand, learned Assistant Government Pleader appearing for the respondents vehemently opposed the present group of petitions. He submitted that the limitation to file an application under Section 28A of the Land Acquisition Act, 1894 is of three months from the date of publication of award by the concerned Court. In the present case, the the application made by the respective petitioners was beyond the prescribed period of 90 days
Judgement
The court held that, as per Section 28A of the Land Acquisition Act, 1894, a written application was required to be submitted for similar compensation under Section 28A of the Land Acquisition Act, 1894 within a period of three months from the date of such award passed by the Court. In the instant case, the application was submitted beyond a period of 3 months. Hence, the Court rejected the application.
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Written by- Aadit Shah
