Parvatiben D/O Thakorbhao ... vs State Of Gujarat
2022 Latest Caselaw 1301 Guj

      C/SCA/20115/2021                          ORDER DATED: 04/02/2022



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 20115 of 2021
=====================================================
    PARVATIBEN D/O THAKORBHAO GOVINDBHAI AND W/O
                  CHIMANBHAI BHANABHAI
                           Versus
                     STATE OF GUJARAT
=====================================================
Appearance:
HIREN R PANDYA(8760) for the Petitioner(s) No. 1
MR. DHARMESH DEVNANI, AGP for the Respondent(s) No. 1,2,3
=====================================================
 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
         ARAVIND KUMAR
         and
         HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                         Date : 04/02/2022

                      ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1) Though the matter is listed for admission, by consent of

learned advocates appearing for the respective parties, it is taken up

for final disposal.

2) The short issue that arises for consideration in this writ

petition is;

" Whether the application filed by the petitioner under Section 28-A of the Land Acquisition Act, 1894 (for short, "the Act") has been rightly rejected by the respondent?"

C/SCA/20115/2021 ORDER DATED: 04/02/2022

3) Having heard the learned advocates appearing for the parties

and on perusal of the case papers, it would emerge therefrom that

the petitioner, who is claiming to be the owner of the land bearing

S. No./Block No. 17/B, 19/B and 210/B admeasuring 0-58-04 sq.

mtrs, 2-76-00 sq. mtrs and 1-89-19 sq. mtrs of lands respectively

situated at mouje village Khajod, Ta: Choryasi, Dist: Surat came to

be acquired and was resulted in award dated 30.06.2000 being

passed. Other land owners, of the same acquisition filed a reference

under Section 18 of the Land Acquisition Act, 1894 seeking

reference before the jurisdictional Civil Court, which resulted in an

award being passed by the Civil Court on 19.01.2018. Hence, an

application came to be filed by petitioner herein before Collector

under Section 28-A of the Act seeking benefits similar to the other

being extended. However, Collector by impugned order dated

16.12.2020 rejected the same on the ground that it is barred by

limitation namely it is filed beyond period of three months from the

date of the award.

4) It is the contention of the learned advocate appearing for the

petitioner though judgment of the reference Court is dated

19.01.2018, an application for obtaining certified copy was filed on

22.01.2018 and certified copy was furnished on 13.03.2018 and

C/SCA/20115/2021 ORDER DATED: 04/02/2022

thus, delay period in furnishing the certified copy commencing from

21.01.2018 till 13.03.2018 is to be excluded and thereby the

application filed by the petitioner would be well within time. Said

contention, prima-facie, seems to be correct. Though the learned

counsel appearing for the petitioner would seek for direction to

direct the Collector to consider the said application on merits, we

are of the considered opinion that it would suffice, if a direction is

issued to the jurisdictional Collector namely by the second

respondent herein, who is competent authority to examine the

application of the petitioner and if the said application has been

filed after obtaining the certified copy on 13.03.2018, necessarily

said application would be well within the prescribed time and

thereafter order on merit will have be passed expeditiously and at

any rate within the outer limit of six week from the date of receipt

of the order. However, if the certified copy furnished by the

petitioner, does not indicate of same having been submitted to the

jurisdictional Court on 22.01.2018 and in the event of the said

authority arriving at a conclusion that said application was not filed

on the said date or any other date and as such the application

could not fall within the 90 days prescribed under the provisions of

Section 28-A of the Act, the authority would be at liberty to furnish

C/SCA/20115/2021 ORDER DATED: 04/02/2022

the reasons for rejecting the application of petitioner and copy of

such order shall be furnished to the petitioner to enable him to

take further steps in the matter. Accordingly, this petition stands

disposed of.

Sd/-

(ARAVIND KUMAR,CJ)

Sd/-

(NIRAL R. MEHTA,J) VISHAL MISHRA