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Judgment
V.M. Sahai, J.—RULE Mr. N.J. Shah, learned AGP waives service of rule on behalf of the respondents.
We have heard Mr. Siddharth Dave, learned Counsel for the Petitioner and Mr. N.J. Shah, learned AGP for the Respondents. This petition has been taken up for final disposal on the joint request made by the learned Counsel for the respective parties. That identical matter has been decided on 16.09.2010 in Special Civil Application No. 9595 of 2010, we have taken up this mater for final disposal.
The facts are not disputed that the land of the Petitioner was acquired for Narmada Canal Project in the year 1995 and the award was made under the Land Acquisition Act. The Petitioner moved an application for Reference u/s 18 of the Act, but the Reference was not forwarded by the Special Land Acquisition Officer on the ground that Reference application dated 03.02.1997 of the Petitioner was received by his office and forwarded toRespondent No. 4 on 05.07.2000 and was received in the office of Respondent No. 4. The Respondent No. 4 has disputed the facts that the application of the Petitioner was received in his office. However, reference was not received in his office and at the relevant time inward register was not traceable.
However, subsequently, the inward register was traced out and thereafter it was found that reference and forwarding letter sent by the office of Respondent No. 3 has been received by Respondent No. 4 but the original file containing references was not traceable.
According to the learned Counsel for the Petitioner the Respondents are not considering the reference of the Petitioner only on the ground that the Petitioner was not party before this Court in Special Civil Application No. 9595 of 2010 which was decided on 16.09.2010. Be that as it may. We direct the Petitioner to file copy of the reference application before Respondent No. 4, which shall be tallied with the original file and inward register and the Land Reference Case No. 49 of 1995 be decided expeditiously.
With the aforesaid directions, this petition stands finally disposed of. Rule is made absolute. Direct Service is permitted.