KASHIBHAI ISHWARBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This application has been preferred by the applicants with a prayer to declare that the judgment dated 03.10.2006 passed in First Appeals Nos.629 to 631 of 2005 is per incuriam and, further, to recall and correct the said judgment.

(2.) The brief factual background in which the application has been made, would be necessary. The State Government issued a Notification under Section 4 of the Land Acquisition Act, 1894 ("the Act") for the acquisition of certain lands mentioned therein, situated at village Valad, Taluka and District: Gandhinagar, for the public purpose of the Dhanap Muthiya Kans Project. The said Notification was published in the Official Gazette on 18.12.1992. A Declaration under Section 6 of the Act was published on 16.03.1993. In the proceedings before the Special Land Acquisition Officer, the claimants appeared and claimed compensation at the rate of Rs.500/ - per square meter. The Special Land Acquisition Officer, by his award dated 18.03.1994, offered compensation to the claimants at the rate of Rs.31/ - per square meter. The claimants, therefore, filed applications under Section 18 of the Act, requiring the Special Land Acquisition Officer to refer the matter to the Court for the determination of the just amount of compensation payable to them. Accordingly, references were made to the District Court, Gandhinagar, which were numbered as L.A.Q. Case No.677/1998 to 679/1998. After appreciation of the oral and documentary evidence, the Reference Court awarded additional compensation to the claimants at the rate of Rs.160/ - per square meter, over and above Rs.31/ - per square meter awarded by the Special Land Acquisition Officer, making it Rs.191/ - per square meter in all, by a judgment and award dated 19.02.2006. Against the above judgment, the State Government preferred appeals before this Court which were numbered as First Appeals No.629/2005 to 631/2005. This Court (Coram: J.M.Panchal [as His Lordship then was] and Smt.Abhilasha Kumari, JJ), by a judgment dated 03.10.2006, allowed the appeals preferred by the State Government and modified the judgment and award passed by the Reference Court by holding that the claimants would be entitled to a total amount of compensation at the rate of Rs.80/ - per square meter, for their acquired lands.

(3.) Applicant No.1 (Kashibhai Ishwarbhai Patel) filed a Special Leave Petition before the Supreme Court against the judgment and order of this Court, which came to be dismissed, by an order dated 30.03.2007.