RAMJI N SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Pandya for the appellants and Mr.H.C. Patel, learned AGP for the respondents. Against the award pronounced by the Special Land Acquisition Officer dated 30.7.1973 under section 11 of the Land Acquisition Act,1894, Land Reference Case No. 7 of 1980 was filed by the appellants original applicants before the District Judge, Jamnagar. The facts of the said reference case, in short, are to the effect that the Gujarat Industrial Development Corporation had already established the industrial estate at Jamnagar but certain other lands were required for the development of the industrial estate and, therefore, it was proposed by the above said COrporation to acquire the additional lands. Necessary notification under sec. 4 of the said Act dated 2.3.1970 was published in the Government Gazette dated 19.3.1970. Notification under section 6 dated 4.1.1971 was published in the Government Gazette dated 21.1.1971. Under this notification, the lands situated at Jamnagar under the Jamnagar Taluka of Jamnagar District comprised of 17 different survey numbers were acquired and after considering the claim of the claimant, the Special Land Acquisition Officer had awarded the compensation by the abovesaid award dated 30.7.1973. The award so pronounced by the Special Land Acquisition Officer included the land of Survey No. 1484 admeasuring 2 acres and 00 Gunthas was belonging to the original claimants. The said land when it was put in metric measurements comes to 0 Hectare and 80 Are 94 square meters which would again be 87,120 square ft. The remaining land of the above said survey number,namely revenue survey no. 1484 was also acquired and that including the applicants, remaining owners had also preferred the claim. By the abovesaid award,the special land acquisition officer awarded compensation at the rate of Rs.2.40 ps. per square meter.

(2.) Being aggrieved by the said order, all the owners of the seventeen survey numbers including the present appellants and remaining others of remaining portion of the land bearing survey no. 1484 had preferred application before the Collector, Jamnagar requesting him for making reference before the District Court, Jamnagar. Application of the present appellants in that regard was submitted on 19.10.1973. The Special Land Acquisition Officer or the Collector made reference in respect of the remaining claimants but the application of the appellants herein was rejected on the ground that the same was barred by law of limitation. In view of the rejection of the application dated 19.10.1973 made by the appellants herein for making reference to the District Court, the appellants filed special civil suit against the Government wherein it was prayed that a decree be passed directing and ordering the Government to make a reference to the District Court, Jamnagar. Said suit being Special Civil Suit NO. 83 of 1974 was decreed by the learned Civil Judge, (SD), Jamnagar on 18/06/1980 in favour of the present appellants and the Government was directed as per the decree passed in the said suit to make reference as prayed for by the present appellants before the District Court, Jamnagar and as a result thereof, Reference No.7 of 1980 was made before the District Court, Jamnagar under section 18 of the Land Acquisition Act, 1894.

(3.) Before the reference court, certain facts were not in dispute. The owners of the part of the land bearing survey No. 1484 namely Harilal, Babulal and Virpal who had moved the Collector for making the reference to the reference court were successful in getting their reference decided by the reference court. The land reference which were so decided by the reference court by common award dated 19.11.1975 included the reference cases of Harilal, Babulal and Virpal which were registered as the Land Reference Case No. 5 of 1974, 45 of 1974, and 42 of 1974 respectively. While deciding the aforesaid three land reference cases by consolidated judgment and award dated 19.11.1975, the reference court granted additional compensation at the rate of Rs.00.56 ps. per square ft. In other words, the owners of the part of the acquired land namely Harilal, Babulal and Virpal were successful in getting additional compensation at the rate of Rs.00.56 ps. per square ft. Said order passed by the Reference Court was challenged by the Government before this Court by filing First Appeals NO. 314 of 1977, 351 of 1977, 354 of 1977. Said three appeals were directed by the Government against the owners of the remaining portion of the acquired lands namely Harilal, Babulal and Virpal. Alongwith the other claimants, aforesaid three claimants had also lodged their cross objections. However, this court consolidated the judgment in First Appeal No. 311 of 1977 with several other appeals and cross objection dated 20.10.1980 wherein this Court dismissed the appeals and allowed the cross objections filed by the original claimants. While allowing the cross objections, this Court awarded the compensation in the sum of Rupee one per sq. ft. in certain survey numbers. IN the same way, this court also awarded the compensation at the rate of Rs.1.10 ps. per square ft. in certain other survey numbers while for the third category, this court awarded compensation at the rate of Rs.1.25 ps. per square ft.