IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13276 of 2025 ==========================================================

ASHWINSINH JETHUBHA RAMSANG JADEJA Versus STATE OF GUJARAT & ORS.

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Appearance:

MR ANAND R PATEL(2424) for the Petitioner(s) No. 1 MR VIJAY N RAVAL(2025) for the Petitioner(s) No. 1 MR SIDDHARTH RAMI, AGP for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 25/09/2025

ORAL ORDER

1. Rule. The learned AGP waives service of notice on behalf of respondent-State.

2. The brief facts of the case are that the land of the petitioner, being Revenue Survey No.392 and 392/1, admeasuring 3384 and 2588 Sq. meters of village :Deshalpar, Taluka : Mundra, District :Kachchh was proposed to be acquired by the respondents under the Narmada Yojna. Accordingly, the Notification under Section 4 of the Land Acquisition Act was issued on 25.06.2013. Thereafter, a Notification under Section 6 was issued on 09.01.2014. Subsequently, the final award was declared by the Deputy Collector and Special Land Acquisition Officer on 02.07.2015.

2.1. It is submitted that the respondent authorities ought to have passed award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “Act of 2013”), and the award is passed under the Old Act, which is contrary to the provisions of law. Thereafter, a modified award came to be passed by the respondent No.2 on 29.11.2017, whereby, Factor-2 was applied to the land in question, and the benefits under Sections 30(1), 30(2) and 30(3) of the Act of 2013, also came to be granted on the enhanced amount of compensation. Thereafter, the respondent No.2 issued a notice to the petitioner, which was received by him on 21.02.2018. That thereafter, petitioner has filed a Reference Application under Section 64 of the Act of 2013 to the respondent No.2 by Registered Post A.D. (R.P.A.D) on 08.03.2018, which was received by them on 12.03.2018. However, the said Reference Application came to be filed by the respondents on the ground that the modified award was passed on 29.11.2017, which was a supplementary award to the original award and the original award was dated 02.07.2015 and therefore, the Reference Application under Section 64 of the Act of 2013 was filed beyond the period of limitation. Accordingly, by impugned order dated 26.08.2022, the Presiding Officer, Land Acquisition and Rehabilitation and Resettlement Authority, Rajkot Zone, Rajkot has rejected the said application.

Aggrieved, the petitioner has filed present Special Civil Application.

3. The learned counsel for the petitioner submits that in a similar case, the Division Bench of this Court, in Special Civil Application No.12417 of 2023 and other allied matters vide order dated 02.01.2024 has set aside such similar impugned orders and remanded the applications under Section 64 of the Act of 2013 to the Deputy Collector and Special Land Acquisition Officer for referring the matter to the Competent Authority in accordance with the provisions of Section 64 of the Act of 2013.

4. The learned AGP submits that appropriate orders may be passed in the present case, since the time limit for preferring such an application under Section 64 of the Act of 2013 has been calculated from the date of the original award.

5. Heard the learned counsel for the parties, considered the submissions and perused the documents on record.

5.1. In the present case, the application of the petitioner under Section 64 of the Act of 2013 has been rejected by the Presiding Officer, Land Acquisition and Rehabilitation and Resettlement Authority, Rajkot Zone, Rajkot, on the ground that the application is barred by limitation as the same has been filed beyond limitation since the original award has been passed on 02.07.2015. Further, it wa