RAMANBHAI MAHIJIBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Ramanbhai Mahijibhai, Shantilal Mahijibhai and others, petitioners, have filed this petition with a prayer that this Court may be pleased to quash and set aside the impugned order passed by the respondent Special Land Acquisition Officer, Vadodara. The respondent by his impugned order has rejected the application of the petitioners under Section 28A of the Land Acquisition Act (hereinafter referred to as "the Act"). The petitioners further prayed that this Court may also be pleased to direct the respondent to allow the application of the petitioners under Section 28A of the Act according to the judgement and order passed by passed by the Reference Court in L.R.C. No. 575 of 1992 to 580 of 1992 and Land Reference Case Nos. 1647/1990 to 1667 of 1990 dated 29.4.1997 and further direct the respondent to immediately pay the amount of compensation according to the judgement of the Reference Court by way of issuing suitable writ, order or direction under Article 226 of the Constitution of India.

(2.) The facts giving rise to this petition are as under: 2.2 The petitioners were owners and occupiers of the land situated at village Maganand, tal. Jambusar, Dist. Bharuch. Ramanbhai Mahijibhai and Shantilal Mahijibhai, petitioner No. 1, were owners of block/survey No. 1226 admeasuring 65 Are 60 sq.mtrs. of village Maganand, tal. Jambusar, Dist. Bharuch. Similarly, heir of Raysangbhai Vajubhai Thakor i.e. Chhagan Raysang Thakor was owner of block /survey No. 1227 admeasuring 16 Are 77 sq. mtrs., Chhatrasang Shivabhai Parmar was owner of block/survey No. 1230 admeasuring 58 Are 40 sq. mtrs., Basirbhai Aadambhai Vali Patel was owner of block/survey No. 1229 admeasuring 3 Are 20 sq. mtrs. of the same village, Melabhai Amrabhai Rabari was owner of block/survey No. 1281 admeasuring 6 Are 81 sq. mtrs., Kharaba 1285 admeasuring 2 Are 2 sq. mtrs., block/survey No. 1285 admeasuring 6 Are 98 sq. mtrs., Chandubhai Tribhovan Raghabhai Rathod was the owner of survey No. 1299 admeasuring 8 Are 14 sq. mtrs., Ambalal Narotamdas was the owner of block /survey no. 1287 admeasuring 12 Are 08 sq. mtrs., Valibhai Ajambhai, Umarbhai Ajambhai, Kadarbhai Ajambhai were owners of block/survey No. 1356 admeasuring 63 Are 92 sq. mtrs., Salimbhai Daudbhai, Ayub Daudbhai, Usman Pirbhai since died through his legal heir Ajij Usmanbhai, Ibrahimbhai Pirbhai were the owners of block/survey No. 1355 admeasuring 5 Are 92 sq. mtrs., Daxaben, wd/o. Kanubhai Naranbhai Patel was the owner of block/survey No. 1357 admeasuring 12 Are 18 sq. mtrs., Sedan Bibi wd/o. Ahmadbeg Mahammadbeg was the owner of block/survey No. 1347 admeasuring 16 Are, Melabhai Kalanbhai Rabari was the owner of block/survey No. 1275 of 57 Are 8 sq. mtrs. 2.3 The land of the petitioners have been acquired by the State of Gujarat for construction of Jhambusar bridge canal of Narmada Project. The Government therefore issued Notification under Section 4 of the Act on 19.1.1989. The Land Acquisition Officer after completing all formalities under the provisions of the Act awarded amount of compensation at the rate of Rs. 1.60 per sq. mtr. for non-irrigated land and Rs. 2.40 per sq. mtr. for irrigated land in Land Acquisition Case No. 9 of 1988. 2.4 It is the case of the petitioners in the petition that as the said amount of compensation was meagre and insufficient, some of the claimants of the same notification of the same village and of the same award approached the Assistant Judge at Bharuch by way of Land Reference Case Nos. 575 of 1992 to 580 of 1992 and Land Reference Case Nos. 1647 of 1990 to 167 of 1990 with a claim that they should be awarded Rs. 14/- per sq. mtr. for their acquired land. The Reference Court partly allowed the References of the claimants by determining the rate of compensation of the lands of the claimants at the rate of Rs. 7.80 per sq. mtr. by way of judgement and order dated 29.4.1997 in the said Reference Cases.

(3.) In view of the aforesaid award, the present petitioners have made application under Section 28A of the Act through their advocate on 21.7.1997 requesting the respondents to allow their application and award Rs. 7.80 per sq. mtr. as per the judgement of the Reference Court. A copy of the said application has been annexed by the petitioners at Annexure-B to the petition.