TAIYABALI YUSUFALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsels for the parties and perused the record. This petition invoking extraordinary supervisory jurisdiction of this Court under Article 227 of the Constitution of India is directed against the order dtd. 25/1/2012 passed by the Principal Senior Civil Judge, Amreli in Land Acquisition Reference Case No.62 of 1993, wherein a dispute arose between the heirs and legal representatives of deceased Yusufali Amadbhai, the original owner and the respondent No.3 herein with respect to apportionment of compensation determined under the reference court award for the land in question, which was acquired under the Land Acquisition Act, 1894 (for short, "the Act' 1894"), has been adjudicated.

(2.) The further challenge is to the order dtd. 30/4/1993 passed by the Deputy Collector / Land Acquisition Officer for apportionment of compensation under the original award, between the original owner namely Yusufali Amadbhai and the respondent No.3, namely Laljibhai Kanjibhai Sorathiya, who claimed to be administrator and through whom the original owner Yusufali Amadbhai was appearing in the land acquisition proceedings. The Further prayer is to declare that the petitioners, who are the heirs and legal representatives of original owner, namely Yusufali Amadbhai are entitled to the entire compensation amount awarded in Land Acquisition Reference Case No.62 of 1993, vide judgment and order dtd. 28/12/1995 along with the statutory benefits of the Act' 1894.

(3.) It seems that the entire compensation awarded under the reference Court award dtd. 28/12/1995 has been deposited under the order 5/9/2011 and is lying with the reference court as on date. It is admitted to the learned counsels for the parties that there is no disbursement of the amount determined under the reference court award dtd. 28/12/1995 till date.