GULAM HUSSEIN SARIGAT Vs. OFFICER ON SPL DUTY

JUDGEMENT

(1.) This Special Civil Application under Article 226 of the Constitution of India has been filed by the two petitioners, Shri Gulam Hussein Sarigat and Shri Ibrahim Ismail Panchbhaya. The petitioner No.1 claiming to be the owner of the land bearing Block No.83 and 84 admeasuring 3 Hectares 44 Are and 88 Sq.Mtr. at village Jethali and Survey No.164 admeasuring 1 Hectares 23 Are and 43 Sq. Mtr. of village Sangpor, taluka Ankleshwar, district Bharuch and the petitioner No.2 claiming to be the owner of the land bearing Sruvey No.174 admeasuring 1 Hectare 81 Are 10 Sq. Mtrs. of land at village Sangpor taluka Ankleshwar, district Bharuch, have filed this Special Civil Application stating that a proposal was made for acquisition of the aforesaid lands of the petitioners for respondent No.2, i.e. Gujarat Industrial Development Corporation. For this purpose, a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 11.6.1981 and the same was amended later on and the amended notification under Section 4 was issued on 28.11.1981. It is the case of the petitioners that this notification was duly published in the Government Gazette and, after considering the objections and the report made under Section 5-A, a notification under Section 6 was issued on 22.11.1983 and the amended notification under Section 6 was issued on 23.2.1984. Whereas the respondent No.2-GIDC was under urgent need of lands, the possession of the lands was sought to be taken even before passing of the award through private negotiations and the petitioners and the GIDC entered into an agreement on 7.2.1983 and on the same date, i.e. 7.2.1983, the GIDC took over the possession of the aforesaid lands. As per this agreement, the respondent No.2-GIDC agreed to pay a sum of Rs.17,188.00 per hectare by way of interim compensation to the petitioners. However, the petitioners did not agree to the same and, therefore, the parties agreed that the compensation will be paid in terms of the award which may be passed by the Officer on Special Duty (Land Acquisition) at Ahmedabad, i.e. respondent No.1, and further that the petitioners would be entitled to make reference to the District Court under the provisions of the Land Acquisition Act and it was further agreed between the parties that the amount of Rs.27,188.00 per hectare will be accepted by the petitioners under protest and as per Clause 3 of the said agreement dated 7.2.1983, the petitioners would be entitled to get interest as per the provisions of the Land Acquisition Act, which at the relevant time was 4-1/2% per annum, till the date of the award. A copy of this agreement dated 7.2.1983 has been placed on record at Exh.4 with the petition. Thus, there is no dispute about the factum of the possession being handed over and taken over on 7.2.1983, the terms of the agreement as aforesaid and the acceptance of the amount of interim compensation under protest by the petitioners.

(2.) It is the further say of the petitioners that the respondent No.1 then passed the award on 12.8.1986 and in terms of the said award, as per Clause 12, the acquiring body, i.e. respondent No.2, was to pay interest for the period between the date of taking the possession and the date of the award on the amount of difference. On the basis of the interpretation of the terms of this award dated 12.8.1986, the petitioners submit that they are entitled to get the amount of interest on the amount of difference from the date of the possession till the date of the award as per the provisions of the Land Acquisition Act.

(3.) After the date of the agreement and the date on which the possession of the lands was handed over and taken over, i.e. 7.2.1983, and before the date of the award, i.e. 12.8.1986, the Land Acquisition (Amendment) Act (Act 68 of 1984), 1984 came into force on 24.9.1984. Section 30 of the Land Acquisition (Amendment) Act, 1984 provides for the transitional provision which reads as under: