S. B. MAJMUDAR, S. L. TALATI, J.

( 1 ) MOHAN Vasta has filed this petition under Article 226 of the Constitution of India challenging the judgment and order of the Special Land Acquisition Officer Rajkot dated 14-6-1977. The land of the petitioner bearing survey no. 63\2 was acquired by the respondent. The award was passed on 10 and the petitioner was paid the amount of Rs. 3302. 82 as compensation. That amount was accepted under protest. He thereafter presented an application to the Collection for reference under sec. 18 (2) of the Land Acquisition Act. As this petition was not submitted within a period of 45 days as provided by sec. 18 of the Land Acquisition Act he submitted an application to condone the delay. The ground stated was that his wife was sick and was suffering from T. B. and there severe heavy rains. He produced the medical certificate and also an affidavit of a respectable person from the village. The Collector after considering the matter came to the conclusion that though the wife of the petitioner was suffering from T. B. . the petitioner was not suffering and the distance from village Kothariya to Rajkot was 8 to 10 Kms. and after September there serve no rains.

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