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HIGH COURT OF GUJARAT
Sunita Agarwal, Pranav Trivedi
Desingbhai Viriyabhai Rathwa – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
SUNITA AGARWAL, C.J.
Heard the learned counsel for the petitioner and perused the record.
2. By means of the present petition, the petitioner is challenging the communication dated 24.10.2024 whereby the application under Section 18 of the Land Acquisition Act, 1894 (old Act), filed by the petitioner in the month of July, 2024 and October, 2024 in respect of the land in question has been rejected on the ground of limitation. In order to assail the reasoning given in the communication dated 24.10.2024 sent to the petitioner rejecting the application under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act, 1894”), it is sought to be submitted by the learned counsel for the petitioner that the petitioner is the purchaser of the lands in question by way of two registered sale deeds executed in the year 2008. The acquisition notifications under the land acquisition Act, 1894 came to be published in the year 2009-10. The award with respect to the land in question came to be made on 10.10.2012.
2.1. As there was a dispute pertaining to the ownership of the land in question and the question as to who was entitled for disbursement of compensation, on the
The court affirmed that the limitation period under Section 18 of the Land Acquisition Act applies, rejecting the petitioner's claims of ignorance regarding the award proceedings.
Limitation for making reference under Section 18 of Land Acquisition Act, 1894 cannot be extended and Section 5 of Limitation Act shall not be applicable.
The limitation period under Section 18 of the Land Acquisition Act, 1894 commences from the date of service of the notice of the award upon the landowner.
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