HARIJAN MOHANBHAI NARANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP waives service of RULE for the respondents.

(2.) THE petitioners have approached this Court with the grievance that inspite of the award being made and the amount of compensation being redetermined under the provisions of Section 28A of the Land Acquisition Act, 1894, as early as on 15.10.2008, payment of the due amounts was not being made by the respondent. According to the undisputed facts on record, the petitioners' lands have been acquired for construction of Vansoj Tidal Regulatory scheme as early as in the year 1982 and award under Section 11 was made on 26.4.1983. THEreafter reference under Section 18 was made upon application of some of the claimants and award in their favour was made on 22.7.2005 by learned Principal Civil Judge, Veraval, in Land Reference Case No.104 of 1999 to 106 of 1999. THE petitioners approached the authorities under Section 28-A of the Act in September 2005 and the award in their favour was made, as aforesaid, on 15.10.2008. As the petitioners were not paid any amount towards additional compensation inspite of their requests, representations and reminders, they have approached this Court.

(3.) INSPITE of Government's own circular and the directions of Division Bench of this Court, as aforesaid, the payment of additional compensation is not made to the petitioners in the facts of the present case for more than two years, even after application under Section 28A being decided by the Special Land Acquisition Officer and that determination having not been even proposed to be challenged or reviewed. Pursuant to the notice issued and interim orders made herein, learned AGP has filed affidavit of Under Secretary (Land Acquisition), Narmada Water Resources, Water Supply and Kalpsar Department to, inter alia, state that pursuant to the directions issued by this Court, a meeting was held on 21st April 2010 in the office of the Government Pleader with the Chief Secretary, Principal Secretary (LR), Revenue, Principal Secretary (R&R), Narmada & Water Resources, Secretary (Narmada) and Special Secretary, Water Resources and other officers, and the related issues were discussed. It is further stated that several subsequent meetings have been held and it was decided by the Principal Secretary, Rehabilitation and Resettlement, Narmada Department, to set up a committee for monitoring the cases filed under Section 28A and stated that the department has found more than 100 cases (in addition to earlier 30 cases) in which there was inaction on the part of the land acquisition officers, and therefore, department called report from the concerned Additional Collector (Narmada). In 26 cases, draft charge sheet is sent to the revenue department by the Narmada Department in June 2010 for issuing charge sheet to the officers concerned. Thus, an attempt is made at showing some action and performance on the part of the officers concerned but it is not the case of the respondent that the respondents do not have resources to pay the amounts of additional compensation determined by its own officer nor is it the case of the respondent that any action is taken for immediate payment in case of the petitioners in the present case.