DILAWAR AHMED BADSHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks the following substantive reliefs:

(2.) The facts stated briefly are that the lands of the petitioner bearing Survey No.60, 61/1 and 2, 61/3 and 64, admeasuring 33994 square metres, 10016 square metres, 3237 square metres and 10927 square metres respectively, came to be acquired by the Government for the purpose of construction of Police Staff Quarters and Training School. The notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") came to be published on 25.01.1996 and declaration under section 6 of the Act was published on 27.07.1996. The award under section 11 of the Act came to be declared by the Land Acquisition Officer on 30.11.1998 determining the compensation at the rate of Rs.21/- per square metre. The petitioner, not being satisfied with the market price determined by the Land Acquisition Officer, filed reference application under section 18 of the Act, which came to be partly allowed, whereby, the reference court, by an award dated 10.05.2013, awarded additional compensation at Rs.230/- per square metre. Against the award of the reference court, the petitioner herein and other claimants as well as the State Government filed first appeals before this court. The appeals filed by the claimants (including the petitioner) came to be partly allowed by holding that the claimants were entitled to additional compensation at the rate of Rs.254/- per square metre over and above the amount awarded by the Land Acquisition Officer.

(3.) It is the case of the petitioner that the enhanced amount as determined by this court has yet not been paid by the respondents. It is further the case of the petitioner that his livelihood has been snatched away by acquisition of his lands in the year 1996 and till date, such lands have not been used for the purpose for which they were acquired and are lying idle. The petitioner, accordingly, made an application to the respondents for re-grant of the aforesaid lands by resorting to the provisions of clause 328(1) of the Land Acquisition Manual, in view of the fact that the same are not used for the purpose for which they are acquired. Since such application has not been decided, the petitioner has filed the present petition seeking the reliefs noted herein above.