RAJNIBEN MANHARLAL BHAGAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petiton, the petitioner has sought order or direction from this Court to the effect that respondents be directed to initiate proceedings under the provisions of the Land Acquisition Act in respect of the petitioner's land bearing survey No.42/1 admeasuring 98 acre 30 gunthas situated in the sim village Umarkot, Tal: Palanpur, Dist: Banaskantha and to give further direction to declare award for the said lands and disburse the compensation with running interest at the rate of 18 per cent from the date of taking over possession.

(2.) A few material and relevant facts may be stated, at this stage. The petitioner's father, late D.S.Patel, had purchased land bearing survey No.42 admeasuring 947 acres 39 gunthas from the Nawab of Palanpur. It was being cultivated and part of which was used as poultry farm. In 1954, upon re-survey, on 6.5.61, the original owner's land was marked and identified to be admeasuring 902 acres and 28 gunthas instead of 947 acres and 39 gunthas. In the year 1963, under the provisions of the Act, land admeasuring 192 acres 8 gunthas of survey No.42/1 of late D.S.Patel's farm was reserved for Dantiwada Dam by letter dated 7.1.63. It is the case of the petitioner that though the actual possession of 98 acres 30 gunthas was taken, no compensation was paid till today. In the year 1971, under the Agricultural Land Ceiling Act, out of 902 acres and 28 gunthas of land, 748 acres and 18 gunthas came to be declared as excess land.

(3.) The petitioner, on 15.3.1991, wrote to the Collector, Banaskantha for getting compensation of if survey No.42/1 admeasuring 328 acres and 9 gunthas with 18 per cent interest, after the acquisition proceedings under the Land Acquisition Act. The Deputy Collector, then wrote to the Section Officer of the Revenue Department that the petitioner's land bearing survey No.42/1 admeasuring 98 acres and 30 gunthas was submerged in the Dantiwada irrigation Project and though draft award was prepared, no amount of compensation was paid. It was pointed out that the petitioner is entitled to be paid compensation with 18 per cent interest, by the letter, dated 10.2.92. Again, by letter dated 8.2.93, Deputy Collector informed that the proceedings for compensation are in process subject to the petitioner giving an undertaking that the petitioner will not challenge the acquisition proceedings. In the meantime, in the year, 1991, Mamlatdar, Palanpur, acting as Ceiling Tribunal had passed order in Ceiling Case No.19/81 that the petitioner's land bearing survey No.42/1 admeasuring 329 acres and 9 gunthas was held as excess land and, therefore, he had determined the amount of compensation under the Gujarat Agriculture Lands Ceiling Act and he had offered compensation of Rs.22,752.50 ps. and for construction, trees etc. total amount of compensation of Rs.97,691.30 ps was declared. Out of the said amount, an amount of Rs.4691.30 ps. was ordered to be paid in cash and remaining amount of Rs.93,000 was ordered to be paid in Government bonds, pursuant to the order dated 20.11.91.