BHIKHABHAI HARMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have moved this petition under Article 226 of the Constitution of India for questioning the validity of the acquisition proceedings inter alia with respect to their one parcel of land bearing Survey No. 1082/1 admeasuring 38 RA 45 square metres (equivalent to 3845 square metres) situated at village Karamsad taluka Anand district Kaira (the disputed land for convenience).

(2.) The facts giving rise to this petition move in a narrow compass. The notification under Section 4 of the Land Acquisition Act 1894 (the Act for brief) was issued on 26th July 1963 and it was published in the Gujarat Government Gazette on 1st August 1963. It was followed by the declaration under Section 6 thereof on 26th October 1964. It appears that Special Civil Application No. 903 of 1964 was moved before this Court for questioning the validity of the aforesaid declaration under Section 6 of the Act. It appears that this Court upheld the challenge and quashed the aforesaid declaration under Section 6 of the Act. It may be mentioned at this stage that pursuant to the aforesaid declaration under Section 6 of the Act an award of compensation for the acquired lands came to be made on 28th March 1968. Since this High Court quashed the aforesaid declaration under Section 6 of the Act the award made on 28th March 1968 also came to be non est. Thereafter a fresh declaration under Section 6 of the Act was issued on 18th January 1969 and it was published in the Gujarat Government Gazette on 19th January 1969. It appears that respondents Nos. 1 and 2 were in the meantime trying to pursuade the affected land owners to agree for consent awards with respect to the compensation to be awarded for their acquired lands. As transpiring from the affidavit-in-reply filed on behalf of respondents Nos. 1 and 2 consent awards in respect of as many as 108 parcels of land came to be passed. So far as the petitioners are concerned they appear not to have agreed to any consent award. In their case the award of compensation for the disputed land came to be passed on 23rd September 1986. The petitioners were aggrieved by such delayed action on the part of respondents Nos. 1 and 2 and have therefore moved this Court by means of this petition under Article 226 of the Constitution of India for questioning the validity of the acquisition proceedings.

(3.) The main ground on which the validity of the acquisition proceedings is challenged before us is to the effect that the award under Section 11 of the Act came to be passed nearly 17 years after the declaration under Section 6 of the Act was made on 18th January 1969 inter alia with respect to the disputed land. It has been urged that since the power to make the award within a reasonable time from the date of the declaration is under Section 6 of the Act was not exercised the acquisition proceedings lapsed. It has also been urged that by not initiating the action for making of the award inter alia with respect to the 20 disputed land under Section 11 of the Act there was a clear indication on the part of respondents Nos. 1 and 2 to abandon the acquisition proceedings. The validity of the acquisition proceedings has as also been challenged on the ground that the compensation awarded for the disputed land would be illusory inasmuch as though the notification under Section of the Act was issued as back as on 26th July 1963 the award of compensation was made nearly 23 years thereafter on 23rd September 1986. According to the petitioners the prices of realties have during the intervening period soared spiralled and sky-rocketed. One more challange to the acquisition proceedings is made on the ground of non-service of the notice under Section 9(3) of the Act to the petitioners. The respondents have on the other hand tried to support the acquisition proceedings by taking recourse to Section 11-A of the Act as has come to be introduced by the Land Acquisition (Amendment) Act 1984 (the Amending Act for brief). The respondents have also urged that the notice under Section 9(3) of the Act has come to be served to the petitioners before making of the award on 23rd September 1986.