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SCA/2900/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2900 of 2010
=========================================
PRAFULBHAI
KODARBHAI PATEL
Versus
STATE
OF GUJARAT, THROUGH LAND ACQUISITION OFFICER, DEPUTY
=========================================Appearance
:
MR R.K.MANSURI
for the Petitioner
MS
MANISHA LAVKUMAR, ASSTT GOVERNMENT PLEADER for the
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 04/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
the learned counsel for the petitioner.
The
present petition is filed against an order of the Collector,
rejecting the application under Section 28-A of the Land Acquisition
Act being time barred.
Admittedly,
the petitioner was before the Reference Court in other part of the
land which was part of the acquisition. So, it cannot be said that
the petitioner was not aware of the award. Since he was aware of the
award, yet he has preferred application beyond limitation prescribed
under the provisions of Section 28-A of the said Act.
The
Collector was right in rejecting the application because no
condonation is available for the delayed application. In that view of
the matter, order of the Collector is not found to be incorrect. The
petition has no force and is dismissed.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
omkar
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