( 1 ) THIS revision application is against the order made by the Special Land Acquisition Officer on August 1 1977 rejecting reference sought by the petitioner herein against the award of the Special Land Acquisition Officer dated February 27 1976 awarding compensation to her alongwith 16 other owners of land known as Bet Bhatha land of S. Nos. 33/part 32 and 130/part situate in village Maktampore in Broach District for purposes of construction of bridge across Narmada river near Jhadeshwar. It should be noted that the possession of the aforesaid three pieces of land of the petitioner was taken over on June 15 1973 by the Public Works Department of the State Government in pursuance of private negotiations with her in anticipation of the regular acquisition proceedings Notifications under secs. 4 and 6 of the Land Acquisition Act in that behalf were issued on December 20 1973 and August 22 1974 respectively. Notice to file compensation claim was issued on September 3 1976 It is common ground that the petitioner was served with the aforesaid notice under sec. 9 and she had filed her statement of claim in respect of three pieces of land in pursuance thereof. The Special Land Acquisition officer concerned made an award on February 27 1976 awarding compensation inter alias to the petitioner for the aforesaid three pieces of land in sum of Rs. 11 40 The petitioner being aggrieved with the offer made by the Special Land Acquisition Officer had sought reference under sec. 18 (1) of the Land Acquisition Act by her application of April 7 1977 which was rejected by the Special Land Acquisition Officer by his aforesaid order of August 1 1977 because according to him she was not entitled to seek reference as the three pieces of land in question were forfeited to the Government by an earlier order of August 14 1973 for nonpayment of the third instalment of the occupancy price. This order of the Special Land Acquisition Officer of August 1 1977 is the subject matter of this revision before me which has been preferred under sec. 18 (3) of the Land Acquisition Act as amended by the State of Gujarat.

( 2 ) I am of the opinion that this revision must clearly succeed obviously for the following reasons: the Special Land Acquisition Officer has acted in excess of jurisdiction inasmuch as he rejected the reference application of the petitioner on some extraneous grounds to the effect that the petitioner has ceased to be interested in the land since it was forfeited for non-payment of occupancy price. A few relevant sections of the Land Acquisition Act should be referred to for purposes of understanding the challenge made in this revision application.

( 3 ) SEC 11 of the Land Acquisition Act provides for enquiry and award by Collector. Sub-sec. (i) of sec. 11 enjoins the Collector to inquire into the objections on the day so fixed for that purpose which any interested person has filed pursuant to the notice under sec. 9 to the measurement made under sec. 8 and into the value of the land on the date of the notification under sec. 4 and also to inquire about the respective interests of the persons claiming compensation. The Collector would be making award under his hand of- (I) the true area of the land ; (ii) the compensation which in his opinion should be allowed for the land; and (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land of whom or of whose claims he has information whether or not they have respectively appeared before him. Sec. 12 prescribes time when the award of the Collector is to assume finality. Sub-sec. (1) of sec. 12 as it is material for purposes of this revision reads as under:" (1) Such award shall be filed in the Collectors office and shall except as hereinafter provided be final and conclusive evidence as between the Collector and the persons interested whether they have respectively appeared before the Collector or not of the true area and value