DHIRAJ SAVJIBHAI MANJERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner claims to be the owner of the land bearing survey No.401, admeasuring 8 Acres and 14 Gunthas of Village Selari, Taluka Rapar, District Kachchh having purchased the same under a registered sale deed dtd. 16/11/2005 (Annexure 'A'). Pursuant to same, revenue records came to be mutated and revenue entry No.1501 was entered on 24/1/2006 and certified on 8/5/2006.

(2.) The aforesaid land along with other lands, came to be acquired by issuance on Notification under Sec. 4 of Land Acquisition Act, 1894 on 27/10/2010, followed by Notification issued under Sec. 6 on 5/3/2011 and an award came to be published on 31/3/2012. However, said award reflected name of the vendor of petitioner or in other words, it did not reflect the name of the petitioner. Hence, petitioner claimed that he was not aware of the acquisition proceedings. Petitioner is said to have submitted an application under the Right to Information Act, 2005 on 7/4/2017 seeking copy of the award for which, reply was given on 7/4/2017 stating that no notice under Sec. 12(2) of the Land Acquisition Act, 1894 was issued to the petitioner. It is also contended that petitioner had made enquiries with the erstwhile owner, who informed him of not having received, either the notice of acquisition/award or compensation in respect of the land acquired. Hence, petitioner approached this Court by filing a petition in Special Civil Application No.9388 of 2018 for setting aside the award dtd. 31/3/2012 contending that it is arbitrary, unconstitutional and violative of Articles 14 and 19 of the Constitution of India. Said petition came to be disposed of vide order dtd. 1/8/2019 (Annexure 'E'), wherein, a statement came to be made by the learned Assistant Government Pleader to the effect that three meetings were held but claimants therein (which included petitioner herein also) had not claimed any compensation. Hence, observing as under, petition came to be disposed of:

(3.) On account of compensation having not been paid and the application dtd. 9/1/2020 (Annexure 'H') filed for reference having been rejected by communication dtd. 25/11/2021 by the second respondent, petitioner is before this Court seeking following prayer: