LAXMIBEN GEMALBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Though the matter is listed for admission, by consent of learned advocates appearing for the parties, it is taken up for final disposal, since it lies in narrow compass.

(2.) Land of petitioners situated in Survey No.76, located at Village Thordi, Taluka & District Bhavnagar came to be acquired by the State Government for the purpose of Lignite Project by Gujarat Mineral Development Corporation by issuance of notifications under Ss. 4 and 6 , which culminated in award being passed under Sec. 11 on 16/2/2006. However, petitioners did not challenge the said award for reasons best known. Some of the land owners not being satisfied with quantum of compensation awarded by the Special Land Acquisition Officer filed Reference under Sec. 18 of the Act before the jurisdictional Civil Court, namely 3 rd Additional Senior Civil Judge, Bhavnagar in LAR Nos.15 of 2007 to 372 of 2007, which ultimately resulted in an award being passed by judgment and award dtd. 30/12/2013 awarding compensation at the rate of Rs.4.00 per Sq. Mtr. for the lands acquired under the preliminary and final notifications dtd. 18/8/2003 and 17/2/2004 respectively.

(3.) The aforesaid award gave a cause of action for the petitioners to invoke Sec. 28A of the Act and as such, an application was made for award of similar compensation. Said representation was submitted by the petitioners on 24/2/2014 to the first respondent. On account of said application having not been considered, they had approached this Court in Special Civil Application No.124 of 2020, which came to be allowed by this Court vide order dtd. 20/1/2020 (Annexure-F) directing the first respondent thereunder to pass orders on said application strictly in accordance with law within a time frame of two months from the date of production of certified copy of the order.