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HIGH COURT OF GUJARAT
SA,CJ,PT
VERSI MAYA HARIJAN – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
SUNITA AGARWAL, C.J.
1. As the issues raised in the present set of writ petitions are one and the same and hence they have been heard together and are being decided by this common order. The petitioners herein (in six connected matters), are assailing the order dated 24.09.2019 passed by the In- charge, Deputy Collector and Special Land Acquisition Officer (Naramada Yojana), Gandhidham, Land Acquisition and Rehabilitation and Resettlement Authority, Rajkot Zone, Rajkot in Miscellaneous Application No.4 of 2021, namely the respondent No.2 herein, whereby the respondent No.2 had refused to make reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short as ‘the Act’ 2013’) on the application dated 09.01.2018 moved by the petitioners. Another order dated 26.08.2022 passed by the Presiding Officer, Land Acquisition and Rehabilitation and Settlement Authority, Rajkot Zone, Rajkot in Miscellaneous Application No.4 of 2021 is also subject matter of challenge. Facts in brief of Special Civil Application No. 2829 of 2025 are discussed hereinbelow for convenience.
2. The contention in the writ pet
The limitation period for applications under Section 64 of the Act is calculated from the date of the modified award, not the original award.
The authority must provide justifiable reasons when refusing to condone delay in processing compensation claims, ensuring compliance with statutory requirements and protecting substantive rights.
The period for seeking reference under the Land Acquisition Act runs from the date of knowledge of the award, ensuring fairness in the process.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
Determination of amount of compensation – Reference to appropriate authority – Collector has no jurisdiction to go into such question.
Section 64 of 2013, Act, reads as reference to Authority.
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