JAGDISHBHAI CHATURBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The short question that arises for consideration in this petition is that where a notification under Section 4(1) and declaration under Section 6 of the Land Acquisition Act, 1894 has been issued and award has been made under Section 11 of the Act, the compensation has been lifted by the person whose name was not recorded in the revenue records as owner of the land but he had received the land under a family settlement after the award under section 11 of the Act and the Special Land Acquisition Officer has paid compensation to the petitioner on 22.03.1994 treating him to be person interested under Section 31 of the Act, such an interested person can file an application under Section 28-A of the Act for enhancement of compensation, if the compensation has been enhanced in some other reference under Section 18 of the Act?

(2.) The facts in brief are that the land in dispute is bearing Block No.289, admeasuring 37696 Sq. Mts. situated in village Kadadra, Tal. Dabhoi, Dist. Vadodara. Out of the said land, the respondent acquired 1050 Sq. Mts. Of land for public purpose for construction of Kadadra Distribution Branch Canal. The notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') was issued on 30.04.1992. Declaration under Section 6 of the Act was published on 22.04.1993. The award was made by the Special Land Acquisition Officer (for short 'the SLAO') on 30.11.1993 and compensation of Rs.3 per Sq. Mtr. for non-irrigated land and Rs.4.50 per Sq. Mtr. for irrigated land.

(3.) Thereafter, some other persons of the village preferred Reference under Section 18 of the Act being Land Reference Case No.797 to 800 of 1994 before the learned 11th Additional Senior Civil Judge, Vadodara, with regard to same notification. In reference proceedings, the learned 11th Additional Senior Civil Judge, Vadodara by judgment and award dated 31.03.2008 enhanced the compensation to Rs.20/- per Sq. Mtr.