GAUTAMBHAI MAGANBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) RULE . Mr.Harsheel Shukla, learned AGP waives service of notice of Rule on behalf of the respondent -authority. However, in view of peculiar facts and circumstances, the present petition is taken up for final hearing today with the consent of both the parties.

(2.) BY way of this writ petition, the petitioner seeks to direct the respondent to decide his application tendered under Section 28(A) of the Land Acquisition Act, 1894, which is pending before him.

(3.) PRECISELY , for the purpose of ONGC project, the land of the present petitioner as well as of the other farmers came to be acquired by the State Government way back in the year 1990. It appears that thereafter some of the farmers after being aggrieved with the award, which came to be passed by the Special Land Acquisition Officer, preferred references and the present petitioner did not prefer any reference. Upon coming to know that other land owners who approached the Reference Court vide Land Reference Case Nos. 1477 of 1990 to 1479 of 1990 and Land Reference Case Nos. 589 of 1991 to 597 of 1991, have been awarded more compensation by order dated 10.01.2002, the present petitioner preferred an application on 02.4.2002 before the respondent for getting equivalent compensation as awarded to the other farmers who approached the Reference Court. The State Government also preferred appeals before this Court being First Appeal Nos. 1409 of 2003 to First Appeal No. 1420 of 2003 with First Appeal Nos. 2501 of 2002 to First Appeal No 2512 of 2002, which came to be decided on 17.08.2006. However, the above application preferred by the present petitioner remains pending for consideration. It appears that pursuant to the notice of the petitioner, the respondent vide order dated 30.09.2013 requested the Legal Department, ONGC, Ankleshwar to inform as to whether any appeal is to be preferred in this Court against the order of the Reference Court. Precisely being aggrieved by the aforesaid order dated 30.09.2013, the petitioner has approached this Court.