JADEJA MAHAVIRSINH BHIKHUBHA Vs. DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION (IRRIGATION) AND PRANT OFFICER, LALPUR

JUDGEMENT

(1.) Though matters are listed for admission, by consent of learned advocates appearing for the parties, they are taken up together for final disposal.

(2.) Petitioners are the owners of different bits of land situated in Dhrafa village, Taluka Jamjodhpur, District Jamnagar, which came to be acquired for the purpose of Fulzer (Kotda Bavishi) Irrigation Scheme under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) by issuance of a notification under Sec. 4(1) of the Act on 19/3/1994 and followed by notification issued under Sec. 6 dtd. 28/9/1994. An award came to be passed on 9/1/1996 whereby compensation @ Rs.7.75 per sq.meter for irrigated land came to be awarded.

(3.) Being aggrieved by the award passed by the Land Acquisition Officer, some of the landowners filed an application under Sec. 18 of the Act seeking reference in Land Reference Case No.514 of 1996 before the Principal Senior Civil Judge at Lalpur, who allowed the reference and enhanced the compensation by judgment and award dtd. 9/1/2019 (Annexure-D). Petitioners filed applications on 4/4/2019 under Sec. 28A of the Act seeking for award of compensation similar to the compensation awarded by Civil Court in L.A.R. No.514 of 1996 contending inter alia that similarly placed persons and in respect of same notification the award has been passed by the Reference Court and as such, petitioners would also be entitled for similar compensation. However, said applications have been rejected by the impugned order / communication dtd. 17/12/2020 on the ground that judgment relied upon is relating to a different notification. Hence, these Special Civil Applications.