SCA/5165/1987 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5165 of 1987 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE SHARAD D.DAVE ========================================================= 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 ? ========================================================= JETHALAL KURJI & 12 - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR PV HATHI for Petitioner(s) : 1 - 2. Ms ARCHANA RAVAL, AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE SHARAD D.DAVE Date : 15/09/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) SCA/5165/1987 2/4 JUDGMENT Feeling aggrieved by the order dated 28th April, 1987 made by the Deputy Collector, Land Acquisition and Rehabilitation (Irrigation), Junagadh, the petitioners have preferred the present petition. In the year 1979, the lands of the petitioners were acquired for Venu-II Irrigation Project. The Land Acquisition Officer declared the award for compensation on 21st March, 1980. Feeling aggrieved by the said award, some land owners other than the petitioners, sought Reference under Section 18 of the Land Acquisition Act (hereinafter referred to as “the Act”). Accordingly, the References were made and registered as Reference Nos.133 of 1982, 134 of 1982 and 135 of 1982. The said References were decided by the judgment and order dated 24th December, 1985 passed by the Assistant Judge, Gondal. The learned Judge was pleased to enhance the compensation by Rs.60/- per Are. The petitioners, therefore, applied to the Collector for enhancement of the compensation awarded to them as envisaged by Section 28-A of the Act. By the impugned order dated 28th SCA/5165/1987 3/4 JUDGMENT April, 1987, the said applications have been rejected as time barred. Therefore, the present petition. Section 28-A of the Act enables the concerned land owners to apply for enhancement of compensation in consonance with the order in the Reference. Such application is required to be made within three months from the date of the judgment of the Reference Court. For computing the said period of three months, the date on which the judgment is delivered and the period required for obtaining certified copy of the judgment are excluded. In the present case, it is not in dispute that after excluding the date of pronouncement of judgment and the time required for obtaining certified copies, the applications were not made within three months as specified under Section 28-A of the Act. The matter is no more res-integra. The Honourable Supreme Court has, following its earlier decision in the case of Tota Ram Vs. State of U.P. and others [(1997)6 SCC 280], in the matter of State of Andhra Pradesh and another Vs. Marri Venkaiah and other [AIR 2003 SC 2949] held that the date relevant for computation of SCA/5165/1987 4/4 JUDGMENT three months is the date the judgment is delivered by the Reference Court. The date of knowledge has no relevance. Admittedly, the applications made by the petitioners were time barred. The authority below has rightly rejected the same. For the aforesaid reasons, the petition is dismissed. Rule is discharged. (Ms.R.M.Doshit,J) (Sharad D.Dave,J) srilatha