UNION OF INDIA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) RULE . Ms. Thakore, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent no.1 and Shri B.C. Dave, learned advocate waives service of notice of Rule on behalf of respondent nos. 2.1 to 2.6 as well as respondent no.5. Learned advocate for the respondent nos. 3.1 to 3.3 has chosen to remain absent (on leave note) despite our specific order dated 1.3.2012. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, present Special Civil Application is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner acquiring bodyUnion of India has prayed for appropriate writ, direction and order to quash and set aside the impugned award declared by the respondent no.1 herein dated 1.11.2010 declared under Section 28(A) of the Land Acquisition Act with respect to the land bearing Survey Nos. 94, 90, 96, 91, 97 and 92 situated at Village Vadsar, Tal: Kalol, Dist. Gandhinagar which came to be acquired in the year 1984 for Military SRPO.

(3.) IN view of the above and for the reasons stated above and even considering the fact that in the impugned award declared by respondent no.1 declared under Section 28 A of the Land Acquisition Act there is no specific finding given by the respondent respondent no.1 that original land owner original applicant accepted the amount of compensation under the award under Section 11 of the Land Acquisition Act under protest and / or that they were aggrieved by the award declared by the Special Land Acquisition Officer declared under Section 11 of the Land Acquisition Act and it appears that there is no inquiry conducted and / or held by the Special Land Acquisition Officer on that the impugned award declared by the Special Land Acquisition Officer dated 1.11.2010 is hereby quashed and set aside and the matter is remanded to the respondent no.1 to decide and dispose of the applications (if any) for redetermination of the amount of compensation in accordance with law and on merits within a period of three months from today subject to comply with all other conditions / requirements as provided under Section 28 A of the Land Acquisition Act. For that respondent no.1 to hold the necessary inquiry as required under subsection (2) of Section 28 A of the Land Acquisition Act after giving an opportunity to all concerned i.e. petitioner (the Defence Estate Officer) and the original applicant. It is made clear that as such this Court has not expressed anything on merits in favour of either of parties and it is for the respondent no.1 to pass appropriate order/ award in accordance with law and on merits and subject to complying with and /or fulfilling all the requirements as provided under Section 28 A of the Land Acquisition Act and subject to outcome of the inquiry to be conducted by respondent no.1. All the contentions/ defences which may be available to the respective parties are kept open, which be considered by the Special Land Acquisition Officer in accordance with law and on merits. Now so far as the amount of Rs. 45 lacs which the petitioner has deposited pursuant to the earlier order passed by this Court dated 6.4.2011 is concerned, as the petition is allowed and the impugned award is quashed and set aside, the same shall be refunded to the petitioner by way of account payee cheque at the earliest. However, it is observed that in case any award is declared by the Special Land Acquisition in favour of original applicant and if within two months thereafter no interim order is obtained by the petitioner, the petitioner shall see to it that the amount under the award under Section 28 A of the Land Acquisition Act shall be paid to the original applicant subject to further order that may be passed by the Higher Forum. Rule is made absolute to the aforesaid extent. Direct service is permitted.