Limitation for filing a reference under the Land Acquisition Act does not commence until the award is communicated to the interested party via notice under Section 12(2), as the award is legally an offer that must be known to the party to trigger the limitation period.

ORAL JUDGMENT

1. This appeal is filed challenging the judgment and order dated 01.10.2024 passed by learned Additional Senior Civil Judge, Bayad, District: Aravalli in Land Reference Case No.188 of 2024 whereby, learned reference court has dismissed the reference on the ground of limitation.

2. Heard learned advocate Mr.Rakesh Patel for the appellant and learned AGP Mr.Bhavesh Desai for the respondent-State.

2.1. Learned advocate Mr.Rakesh Patel submits that as per the decision rendered by the Apex Court in the case of Premji Nathu Vs State of Gujarat reported in AIR 2012 SC 1624 the limitation would begun from receiving the notice under section 12(2) of the Act and the claimant did not receive any notice under section 12(2) of the Act therefore, the reference cannot be said to be barred by law of limitation. It is submitted by learned advocate Mr.Rakesh Patel that original claimant who filed a reference died and the present appellants who are the heirs of the original claimant were not having knowledge with regard to pendency of the reference proceedings therefore, in absence of participation before the learned reference court, the learned court has dismissed the reference and confirmed the amount awarded towards compensation by the learned Special Land Acquisition Officer. It is submitted by learned advocate Mr.Rakesh Patel that it is bound duty of the learned reference court to ascertain the correct market value of the land acquired and the meager amount which was offered by the learned Special Land Acquisition Officer under section 11 of the Act cannot be said to be fair and reasonable compensation and in that background, this appeal is required to be allowed.

2.2. Learned advocate Mr.Rakesh Patel has relied on the decision rendered by the division bench of this Court in the case of Heirs of deceased Aher Naran Maiya Bhupat Naranbhai Vs State of Gujarat in First Appeal No. 2864 of 2019 reported in AIR 2025 CC 2686 as well as the judgment rendered by the Apex Court in the case of Premji Nathu (supra) and submitted that unless and until the notice under seciton12(2) is said to have been issued and received by the claimant it cannot be said that the claimant is having the knowledge of award passed under section 11 and in that background also it is prayed to allow this first appeal by setting aside the impugned judgment and the reference proceedings are required to be decided on merits.

2.3. This appeal is opposed by learned AGP Mr.Bhavesh Desai for the State, who submitted that as per the reasons recorded by learned reference court, the land acquisition officer has passed an award under section 11 of 30.11.1988 and reference was made by learned Deputy Collector and Land Acquisition Officer, Himmatnagar vide letter dated 16.05.2024 under section 18 of the Act. It is submitted that the compensation which is awarded as per the award passed by learned Deputy Collector was accepted in the year 1975 and therefore, the learned reference court is justified in rejecting the reference proceedings holding that reference is barred by law of limitation. In that background it is prayed to dismiss this first appeal and confirm the impugned order passed by learned reference court.

3. Having considered the submissions made by learned advocate for the respective parties and on referring the reasons assigned by the learned reference court, it emerges that the land of village Rambhoda Taluka: Malpu, District: Sabarkantha was acquired for the purpose of Vatrak Jalagar Yojna in the year 1973 and the learned Deputy Collector (Special Land Acquisition Offi