KIRITBHAI SHANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Krina P.Calla, learned Assistant Government Pleader, waives service of notice on behalf of the respondents. It may be mentioned that initially, notice was issued to the respondents and as is evident from the order -sheet, the matter was heard from time to time at length on different dates. Therefore, having regard to the facts of the case, the petition is taken up for final disposal today.

(2.) BY filing the instant petition under Article 226 of the Constitution, the petitioners have prayed to issue an appropriate Writ or order directing the respondents to disburse the compensation payable to them as per the award dated May 21, 2004, made under Section 28A of the Land Acquisition Act, 1894 ("the Act" for short), with running interest at the rate of 18% from the date of taking over the possession till the date of payment of compensation.

(3.) THE petitioners were the owners of lands bearing Survey Nos.450, 448, 454, 389, 484, 402, and 389 situated at village Harsoli, Taluka: Dehgam, District: Gandhinagar. A proposal was received by the State Government to acquire those lands and other lands situated at village Harsoli for the public purpose of construction of canal under the Narmada Project. On perusal of the said proposal, the State Government was satisfied that the lands of the petitioners and other lands specified therein were likely to be needed for the said public purpose. Therefore, a notification under Section 4(1) of the Act was issued which was published in the official gazette on December 27, 1990. Thereafter, necessary inquiry under Section 5A of the Act was made and a report was forwarded by the Special Land Acquisition Officer to the State Government, as contemplated by Section 5A(2) of the Act. On the basis of the said report, a declaration under Section 6 of the Act was made which was published in the official gazette on August 27, 1991. The interested persons were thereafter served with notices for determination of compensation payable to them. The Special Land Acquisition Officer, after hearing the claimants, made two awards, dated April 23, 1992 and August 4, 1993. By those awards, he offered compensation to the claimants at the rate of Rs.2.10 ps. per sq.mt. for Bagayat lands and Rs.1.40 ps. per sq.mt. for Jirayat lands. Some of the claimants were of the opinion that the offer of compensation made by the Special Land Acquisition Officer was inadequate. Therefore, they sought References. Accordingly, References were made to the District Court, Ahmedabad (Rural), where they were numbered as Land Acquisition Reference Nos.18/1994 to 53/1994 and 128/1994 to 159/1994. The Reference Court passed an award on January 31, 2002, and enhanced compensation payable to the claimants to Rs.30.90 ps. per sq.mt. with statutory benefits.