RAVJIJI KHODAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As all the matters are inter -connected and common questions arise for consideration, they are being considered by the common judgement.

(2.) The short facts of the case appear to be that as per the petitioners, their land came to be acquired for Narmada Project, Dholka Branch Canal of Sardar Sarovar Narmada Nigam Limited under the Land Acquisition Act (hereinafter referred to as 'the Act' for short). The Notification under Section 4 of the Act was published on 19.9.1991 and the Notification under Section 6 of the Act was published on 27.2.1992. The award came to be passed by the Special Land Acquisition Officer on 7.2.1994 and the compensation was paid, but as per the petitioners, the same was accepted under protest.

(3.) It appears that the petitioners did not raise the dispute for enhancement of the compensation, but other land owners, whose lands were acquired by the Special Land Acquisition Officer, raised the dispute under Section 18 of the Act, which came to be referred to the District Court for adjudication being Reference Case No.642/1996 to 651/1996 and allied matters. The Reference Court, vide order dated 17.6.1999 directed for payment of additional compensation of Rs.15/ - per sq. mtrs., plus solatium and interest and it has not come on record as to whether the said award of the Reference Court for additional compensation was carried before this Court or not. It appears that all the petitioners made separate application under Section 28A of the Act for redetermination of the compensation mainly on two grounds; one was for payment of compensation at par with the award of the District Court and another was for enhancement of the solatium and interest, etc. as per the amended provisions of the Act. The said application of the petitioner under Section 28A of the Act came to be rejected vide order dated 30.11.2002. It is under these circumstances, the present petition before this Court.