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1966 Supreme(Guj) 63

P.N.BHAGWATI
ALIHUSEIN ABBASBHAI – Appellant
Versus
COLLECTOR,panchmahals – Respondent


Advocates Appeared: A.D.DESAI, K.A.DABU

P. N. BHAGWATI, J.

( 1 ) THIS Revision Application raises a short but interesting question of law namely whether a Reference under sec 18 of the Land Acquisition Act abates if the applicant dies and his heirs do not make an application for bringing themselves on record within a period of 90 days from the date of the death of the applicant. The dispute in this Revision Application concerns land bearing Survey No. 56b-1/1 admeasuring 1 acre 25. 12 gunthas situate in Dohad in the Panchmahals District. The land belonged to three brothers namely Abbasbhai Hatimbhai and Taherbhai each having 1/3 share in the land. In or about 1956 the land was acquired by the State Government under the provisions of the Land Acquisition Act for the purpose of State Transport Corporation and after going through the procedure prescribed by law the Collector Panchmahals District made an award dated 23rd September 1957 offering compensation at the rate of Rs 2. 62 np. per square yard for the land. All the three brothers were dissatisfied with the offer contained in the award of the Collector and therefore two of them namely Hatimbhai and Taherbhai made a joint application and Abbasbhai the third brother made










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