PUNJABHAI HARJIVANBHAI PATEL Vs. PRAJAPATI SHANKARBHAI MANGALBHAI

JUDGEMENT

(1.) RULE. Learned counsel for the respondents waives service.

(2.) PETITIONERS are the persons whose land was acquired for constructing canal, pursuant to the notification dated 29.02.1996 under Section 4 of the Land Acquisition Act, 1894. The land so acquired included the parcel of land bearing Survey No.836 admeasuring 7730 Sq. Mts. After the award being made in respect of compensation for the aforesaid land, reference under Section 18 of the L.A. Act was made at the instance of respondent No.1 and pursuant to the judgment and order in that reference case, the amount came to be deposited by the other respondents. The application of the petitioners under Section 28-A of the L.A. Act has been rejected.

(3.) ACCORDINGLY, the petition is allowed and the petitioners are directed to be paid the amount of Rs.10,73,302/- along with interest accrued thereon, which is ordered to be deposited for two years in fixed deposit by the order dated 13.09.2010 of learned Additional Sessions Judge, Mehsana below application Exh.16 in L.A.R. No.4674 of 2003. The petitioners shall make necessary application along with the undertaking as aforesaid for withdrawal of the amount as aforesaid and the learned Additional Sessions Judge may permit premature encashment of the Fixed Deposit. Rule made absolute accordingly with no order as to costs. D.S. permitted.