STATE OF GUJARAT Vs. SHAH DINESHCHANDRA MOHANLAL

JUDGEMENT

(1.) The defendants are the owners of S.No. 2 admeasuring 5 bighas-3 Visvasis situate in the Sim of Village Kansa in Patan Taluka of Mehsana District. This land was acquired by the State Government on 24 December 1947 for a public purpose. Its possession was not taken. In course of time the State Government felt that it did not require the land for the purpose for which it was originally acquired. Therefore on 9 April 1956 it issued a notification under sec. 48 of the Land Acquisition Act withdrawing from the acquisition.

(2.) After the land was acquired proceedings for determining compensation payable for compulsory acquisition of the said land were instituted and the Land Acquisition Officer made an award in favour of the defendants for a sum of Rs. 651-4-10. Thereafter at the instance of the defendants a reference was made to the District Court under sec. 18 of the Land Acquisition Act and the District Court enhanced the compensation to a much higher amount. Thereafter the State withdrew from the acquisition on 9th April 1956.

(3.) After having withdrawn from the acquisition of the land the State Government called upon the defendants to refund to them the sum of Rs. 651-30 which they had paid to the defendants under the award of the Land Acquisition Officer. The defendants contended that they had suffered loss during the pendency of the acquisition proceedings and that therefore the loss suffered by them should be determined under sec. 48 of the Land Acquisition Act. The Collector who was the Land Acquisition Officer did not determine the loss suffered by the defendants. The defendants did not refund to the State Government the sum of Rs. 651-30 p. which they had received under the award of the Land Acquisition Officer.