GANDUBHAI DAMABHAI v. STATE OF GUJARAT

CORAM : MR.JUSTICE S.M.SONI and MR.JUSTICE S.D.PANDIT Date of decision: 12/12/96 ORAL JUDGEMENT(Per: Pandit.J) (cid:9)Though the matter is called out repeatedly nobody has remained present. We have perused the record and therefore, we proceed to dispose of the same on merits.

2.(cid:9)This petition is filed against the order of the Deputy Collector and Land Acquisition and Rehabilitation, Jamnagar passed on 18.3.87 by which the petitioner's application has been rejected.

3.(cid:9)The order of the Land Acquisition Officer shows that he has rejected the said application as the same was filed beyond the period of limitation prescribed for filing an application under section 18. The award in the L.A. case No 13/82 was declared on 30.3.83; whereas the application for making the reference u/s 18 was filed on

13.3.86. Therefore, it is obvious that said application was filed beyond the period of limitation prescribed under section 18(2) of the Land Acquisition Act.

4.(cid:9)It is one of the contentions raised by the petitioner in this petition that by taking the aid of section 5 of the Limitation Act 1963, the delay caused in filing the petition may be condoned but similar contention was taken before the Land Acquisition Officer and he has negatived the same. Said decision could not be said to be illegal improper. In the recent case of Officer on Special Duty vs. Shah Manilal Chandulal 1996(2) JT 278 the Apex Court has held that provisons of section 5 of the Limitation Act 1963 are not applicable to proceedings under the Land Acquisition Act. Thus it is obvious that there is no merit in this petition. The petition is therefore, liable to be dismissed. We accordingly dismiss the same witn no order as to costs. Rule discharged. (S.M.Soni.J) (S.D.Pandit.J) (cid:9)