MOTIBHAI PARAGBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioners, who are sixty in number, are owners of different pieces of land situated in different villages, namely, Guvar, Lachharas and Shaherav, of Taluka Nandod, District Baroda. In this petition under Art. 226 of the Constitution of India the petitioners have prayed that the respondents be directed to initiate proceedings for payment of compensation to the petitioners for the crops standing on the land under acquisition at the time of taking possession of the land. Petitioners have also prayed that respondents be directed to complete the proceedings immediately and make payment of the legitimate amount of compensation to the petitioners concerned in accordance with law. It is further prayed by amending the petition that the decision dated 29/06/1993, produced at Annexure "E" to the petition be quashed and set aside.

(2.) Pursuant to notification under Sec. 4 of the Land Acquisition Act, 1894 ('the Act' for short) petitioners' land was acquired. Awards were passed and possession of the land was taken, as provided under Sec. 16 of 'the Act'. The relevant details with regard to the date of notification under Sec. 4 of the Act, the land acquisition case number, the date of declaration of award and the date of pancbnama of handing over possession are as follows : Date of notification L. A. Date of Date of under Sec. 4 Case No. declaration panchnama of of award handing over possession 30-1-1986 41/85 30-11-1987 15-12-1987 10-9-1987 13/87 28-4-1988 15-12-1987 28-4-1983 32/80 12-1-1987 11-11-1987 13-12-1985 71/86 15-6-1987 27-9-1987 22-7-1986 79/86 or 15-6-1987 17-9-1987 15/86 and 25-9-1987 27-2-1987 27/86 30-1-1988 25-9-1987 28-7-1985 29/87 18-4-1987 25-9-1987 4-9-1987 14/87 28-4-1988 15-12-1987 21-5-1989 129/88 21-2-1990 10-11-1987 18-9-1986 35/86 7-1-1988 15-12-1987

(3.) Petitioners have received the amount of compensation as per the award declared under Sec. 11 of the Act. As indicated herein above, in five cases out of ten possession of the land was taken by the appropriate officer of the Government after the declaration of the award. In all cases when the possession was taken, there was standing crop on the land of the petitioners. As per the Panchnama of taking over possession of the land even the estimated value of the standing crop is mentioned. Since the petitioners were not paid any amount of compensation as regards the standing crop, they made representation to the respondents claiming compensation with regard to the damage sustained by them on account of taking over the possession by the Government with standing crop on the land. Respondents initially replied to the petitioners that their case was under consideration at the appropriate level in the Government. Ultimately, the petitioners have been informed that, as provided under Sec. 4 read with clause (vii) of Sec. 24 of 'the Act' they were not entitled to receive any compensation as regards the standing crop. This reply dated 27/06/1993 is given to the petitioners after the petitioners had approached this Court by filing this petition and after the respondents received notice of this Court. A copy of the reply is produced at Annexure "E" to the petition.