SCA/5517/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5517 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE HONOURABLE MR.JUSTICE J.C.UPADHYAYA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PARBATSANG KHUMANSANG & 2 - Petitioners Versus STATE OF GUJARAT & 2 - Respondents ========================================================= Appearance : MR MD VAKIL for Petitioners. MS TRUSHA PATEL, AGP, for Respondents. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 03/07/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE A.L.DAVE) Rule. Ms.Trusha Patel, learned A.G.P., waives SCA/5517/2008 2/4 JUDGMENT service of notice of rule on behalf of the respondents. 2. The petitioners' land came to be acquired under the Land Acquisition Act. They subsequently preferred an application under Section 28-A of the said Act before the Special Land Acquisition Officer, Unit-19, Narmada Yojna, Surendranagar, which came to be rejected by an order dated 30th December, 2005 on the ground of limitation. Therefore, the petitioners have approached this Court with this petition, seeking following reliefs:- “(A) Be pleased to allow this petition. (B) Be pleased to set aside and struck down the order passed by Res.No.2 at Annexure-A. (C) Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, for directing the respondent No.2 to re- determine the compensation u/s.28-A of the Act after setting aside the order passed by the Res.No.2 dated 30.12.2005 at Annexure-A, in respect of the acquired lands bearing survey No.493 situated at village Bajrangpura, Dist.Surendranagar on the basis of judgment and order passed in L.R.Case No.220/97 to 240/97 dated 30.8.2005, and be directed to declare the award u/s.28-A of SCA/5517/2008 3/4 JUDGMENT the Act. (D) Be pleased to allow and grant further and other reliefs as deemed fit and proper in the interest of justice.” 3. Upon notice being served, respondent No.2 has filed reply duly sworn by Mr.P.K.Barhat, Special Land Acquisition Officer, Unit-19, Surendranagar. 4. Having heard learned advocate Mr.M.D.Vakil for the petitioners and Ms.Trusha Patel, learned A.G.P. for the respondents, and having considered the affidavit-in-reply, it is clear that the petitioners applied for certified copy of the award on 12th September, 2005, which was ready for delivery on 30th September, 2005 and was delivered on 4th October, 2005, and the application under Section 28-A of the Act was preferred on 16.12.2005. The Special Land Acquisition Officer, therefore, rejected the same on the ground of limitation by order dated 30th December, 2005. The grievance voiced by the petitioners is that the order is passed without affording any opportunity of being heard as envisaged under Section 28-A of the Land Acquisition Act. 5. There is no dispute about the fact that the petitioners were not heard before passing of the order dated 30th December, 2005. In light of this fact-situation, the provisions contained in Section 28-A(ii) of the Land Acquisition Act cannot be said SCA/5517/2008 4/4 JUDGMENT to have been fully complied with. The order, therefore, cannot sustain. The petition merits acceptance. 6. The petition is allowed. The order impugned in the petition dated 30th December,2005 (Annexure-A) is hereby quashed and set aside. The matter is remitted to respondent No.2 for a decision afresh on the application under Section 28-A of the Act preferred by the petitioners, in accordance with law. Rule is made absolute to the aforesaid extent. No costs. [A.L.DAVE,J.] [J.C.UPADHYAYA,J.] (patel)