KANCHANBHAI JHAVERBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution of India, the main prayer of the petitioner is that the respondents had taken possession of the land belonging to them after the same has been acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), but no compensation was given with regard to the crops which were standing thereon. The claim of the petitioners, is that an appropriate writ should be issued to the respondents to make payment in respect thereof. In supprot of this claim, the petitioners relied on Division Bench judgment of this Court in the case of Motibhai Paragbhai & Ors. v. State of Gujarat and Ors., [1994 (2)] XXXV (2) GLR 1105.

(2.) When this petition came up for preliminary hearing rule was issued. At that time, the attention of the Division Bench was drawn to the said judgment in Motibhai Paragbhai's case. The Bench, however, was of the opinion that as the attention of the Court in Motibhai Paragbhai's case has not been drawn to the provisions of Sec. 12 of the Act and further that the attention has also not been drawn to the decision of the Supreme Court in the case of the Addl. Special Land Acquisition Officer, Bangalore v. Thakoredas, Major and Ors., AIR 1994 SC 2227, the writ petition should be listed before a Full Bench. It is for that reason this petition has been heard by the present Bench.

(3.) In order to examine the rival contentions, we may briefly state the relevant facts which are not in dispute. The land of the petitioners was acquired for the purpose of constructing a canal known as "Karjan Water Reservoir". A notification under Sec. 4 of the Act was issued on 3rd March, 1987. This notification was published in the Govt. Gazette on 10th September 1987. It seems that even before the Land Acquisition Collector gave an award, the possession of the land in question was taken over by the acquiring authority on 15th December, 1987. The award, in respect of the said land, was made by the Collector on 28th April 1988.