GUJARAT HOUSING BOARD Vs. MANIBHAI MANGALBHAI PATEL

JUDGEMENT

(1.) These two appeals preferred under section 54 of the Land Acquisition Act, 1894 arise from the judgment and order dated 3rd December, 1997 passed by the learned Asst. Judge, Nadiad, in Land Acquisition Case No. 140/88. The appellant in First Appeal No. 952/1998 is the Gujarat Housing Board, the acquiring body (hereinafter referred to as 'the Board'). The appellant in First Appeal No. 1848/98 is one Manibhai Mangalbhai, the constituted attorney of the land owners.

(2.) The subject-matter of these appeals are the lands bearing Survey Nos. 167, 168, 169, 173, 174/1, 175/1 and 175/2 admeasuring 32509 sq.mtrs. situated at Village Chaklasiparty, Taluka Nadiad, District Kheda (hereinafter referred to as 'the acquired lands"). The said lands were proposed to be acquired by the Board for a housing scheme. The preliminary notification issued under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was published in the Official Gazette of the Government of Gujarat on 21st February, 1980. Declaration made under section 6 of the Act was published in the Official Gazette on 30th April, 1981.

(3.) The acquired lands originally belonged to one Babarbhai Jethabhai and Natubhai Jethabhai. It is the claim of the appellant that the said Babarbhai Jethabhai and Natubhai Jethabhai had, on 15th July, 1977, executed an agreement for sale in favour of the appellant. The appellant had then made part payment of Rs. 20,000/- to the said Babarbhai Jethabhai and Natubhai Jethabhai. Pursuant to the said agreement for sale, the said Babarbhai Jethabhai and Natubhai Jethabhai had, on 29th March, 1978, given power-of-attorney to the appellant. After initiation of acquisition proceedings the said Babarbhai Jethabhai and Natubhai Jethabhai gave irrevocable power-of-attorney to the appellant on 12th February, 1981 for a consideration of Rs. 4,06,000/-. The appellant, thus, represented the owners Babarbhai Jethabhai and Natubhai Jethabhai in the land acquisition proceedings as their constituted attorney. Under the award made by the Land Acquisition Officer the appellant had received compensation in the sum of Rs. 9,22,317.48 paise for the acquired lands. He claimed a further compensation of Rs. 31,20,967.52 paise before the Reference Court.