DEVJIBHAI JIVRAJBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner Nos. 1, 2, 3 and 5 are the owners of lands of different survey numbers of village Jalia, Taluka Dhandhuka. Petitioner Nos. 1 and

(2.) are owners of land of survey No. 222, petitioner No. 3 is the owner of land of survey No. 221/2 and petitioner No. 5 is the owner of land of survey No. 223. It is an undisputed position that the lands belonging to them has been acquired pursuant to Notification issued under Section 4 of the Land Acquisition Act on January 24, 1980. As the urgency clause was applied, notification under Section 6 of the Act was issued on the same date. Some other persons, who were the owners of other lands, were not satisfied with the compensation offered to them by the Collector and hence they sought reference under Section 18 of the Land Acquisition Act, 1984. The Collector made reference to the appropriate Court. Reference LAQ Nos. 75 to 85/83 have been decided by learned Assistant Judge, Narol, (Ahmedabad Rural) as per judgment and order dated November 29, 1986. On coming to know about the enhanced compensation awarded to others, the petitioners submitted an application dated October 14, 1987 under Section 28A of the Land Acquisition Act, 1894 and requested for payment of enhanced compensation. The said application has been rejected by the Collector on November 21, 1987 solely on the ground that the petitioners had not sought reference under Section 18 of the Act. 2. The Special Land Acquisition Officer has overlooked the provisions of Section 28A of the Act which have come into force with effect from September 24, 1984. In such cases the relevant date would be September 24, 1984 for the applicability of the provisions of Section 28A of the Act. It is immaterial when the notification under Section 4 of the Act has been published. If the award is passed by the appropriate officer or by the Court after September 24, 1984, the provisions of Section 28A would be applicable. In the instant case it is an admitted position that the award has been passed after September 24, 1984, i.e. on November 29, 1986. Therefore, the application submitted by the petitioners for enhanced compensation should have been decided on merits. Similar view is taken by a Division Bench of this Court in the case of Ramjibhai v. Second Extra Land Acquisition Officer, reported in 33(1) GLR 105. For the aforesaid reasons, the order passed by the Collector dated November 21, 1987 rejecting the application submitted by the petitioners cannot be sustained.