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FA/1603/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1603 of 2002
To
FIRST
APPEAL No. 1604 of
2002
=========================================================
OIL
& NATURAL GAS CORP. LTD - Appellant(s)
Versus
SPECITAL
LAQ OFFICER ONGC & 1 - Defendant(s)
=========================================================
Appearance
:
M/S
TRIVEDI & GUPTA for
Appellant(s) : 1,
GOVERNMENT PLEADER for Defendant(s) : 1,
NOTICE
SERVED for Defendant(s) : 1 - 2.
MR MD VAKIL for Defendant(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 15/09/2008
ORAL
ORDER
The
above appeals are directed against the common judgment and order
dated 28/11/2001 passed by learned 4th Joint Civil Judge
(S.D.) in Land Acquisition Reference Case No.316 and other allied
references.
The
main contention raised in these appeals is that the References were
grossly time-barred. It was submitted that in view of the provisions
of section 12(2) of the Act the notice was duly served. This aspect
of the matter has not been considered by the Tribunal. Therefore
before proceeding with these appeals the question of limitation is
required to be decided. Learned Advocate for the respondent is not
in a position to dispute this position.
Therefore,
while keeping these appeals pending, the Reference Court is directed
to decide the question of limitation, within a period of three months
from today. The writ of this order shall be sent to the Reference
Court forthwith and not later than 30/9/2008. The Appeals shall be
listed for hearing on 9th February 2009. Record and
Proceedings, if lying in this Court shall be sent forthwith.
(K.S.
JHAVERI, J.)
(ila)
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