DAHYABHAI CHHAGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners originally owned some lands in the outskirts of village Gadkhol of Ankleshwar taluka of Bharuch district, which came to be acquired by the Government of Gujarat after following procedure under the Land Acquisition Act for the purpose of constructing a road on the southern bank of river Narmada. Compensation was fixed and, ultimately, paid to the land owners as per the award of the Special Land Acquisition Officer, Bharuch, dated the 19th June, 1972. While awarding compensation, in paragraph 14 of the award (page 99 Mark-3) relating to apportionment, it was decided that as the village record shows that the lands are held on new and restricted tenure, only 2/3rd of the market value of the land should be paid to the occupants concerned and 1/3rd of the compensation of the land was set apart and apportioned in favour of the Government.

(2.) Learned advocate Mr. A.J. Patel appearing for the petitioners has broadly raised following contentions:-

(3.) Learned Assistant Government Pleader, Mr. Poojari has opposed this petition. He places reliance on paragraph 328 of the Land Acquisition Manual. He has also relied on a resolution bearing No.934-49 dated 11.4.1951, which provides that while re-granting the land, it should be granted on terms agreed upon by the Government and the original owner seeking regrant of the land. But, ordinarily, it should on the same conditions (of the same tenure) as the land was prior to the acquisition. Mr. Poojari, therefore, submitted that the Government had right to fix the price and to decide the nature of tenure. The petitioners' case, therefore, may be rejected.