JETHALAL GORDHANDAS SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these petitions relate to the lands situated at village Alikherva, Taluka: Sankheda, District: Vadodara. Since common questions of facts and law arise for consideration of the Court in these petitions and common reliefs are claimed in both the petitions, this Court proposes to dispose them of by this common judgment.

(2.) BY filing Special Civil Application No.7003 of 1987 under Article 226 of the Constitution, the petitioners have prayed to issue a Writ of Mandamus directing the respondents to calculate and pay to them the additional amount of solatium at the enhanced rate of 30% and interest at the enhanced rate on the entire amount of compensation found payable in respect of Survey No.154 of Village: Alikherva, Taluka: Sankheda, District: Vadodara. Similarly, by filing Special Civil Application No.7004 of 1987 under Article 226 of the Constitution, the petitioners have prayed to issue a Writ of Mandamus directing the respondents to calculate and pay to them the additional amount of solatium at the enhanced rate of 30% and interest at the enhanced rate on the entire amount of compensation found payable in respect of Survey No.155 of Village: Alikherva, Taluka: Sankheda, District: Vadodara. In the alternative, in both the petitions, the petitioners have prayed to direct the respondent No.2 to make a Reference to the District Court under Section 18 of the Land Acquisition Act, 1894, ("the Act" for short) regarding their claim for additional amount of solatium at the enhanced rate of 30% and interest at the enhanced rate on the entire amount of compensation found payable to them.

(3.) THE petitioners in Special Civil Application No.7003 of 1987 were the joint owners and occupiers of land bearing Survey No.154 admeasuring 1 Hectare 48 Are 42 sq.mts. situated at Village: Alikherva, Taluka: Sankheda, District: Vadodara. The petitioners in Special Civil Application No.7004 of 1987 were the joint owners and occupiers of land bearing Survey No.155 admeasuring 0 Hectare 90 Are 4 sq.mts. situated at Village: Alikherva, Taluka: Sankheda, District: Vadodara. The Superintending Engineer, Gujarat State Road Transport Corporation, made a proposal to the State Government to acquire the abovementioned lands for the public purpose of construction of S.T.Depot. On perusal of the said proposal, the State Government was satisfied that the abovementioned lands 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 April 21, 1977. The petitioners in both the petitions have stated on oath in paragraph -3 of the petitions that the possession of the lands acquired was taken over by the Government from the petitioners on October 6, 1977, which statement is not denied by the respondents. After considering the report of the Special Land Acquisition Officer which was submitted under Section 5 -A(2) of the Act, a declaration under Section 6 of the Act was made which was published in the official gazette on March 29, 1979. The interested persons were thereafter served with notices for determination of amount of compensation payable to them. The claimants appeared before the Special Land Acquisition Officer and claimed compensation at the rate of Rs.80/ - per sq.mt. for Survey No.154 whereas for Survey No.155, compensation at the rate of Rs.35/ - per sq.mt. was claimed. However, the Special Land Acquisition Officer offered compensation to the claimants at the rate of Rs.35/ - per sq.mt. for Survey No.154 and Rs.15/ - per sq.mt. for Survey No.155, by his award dated June 16, 1980. Feeling aggrieved, the claimants sought References. Accordingly, References were made to the District Court, Vadodara, where they were registered as Land Reference Case No.27 of 1981 and Land Reference Case No.28 of 1981. It may be mentioned that Special Civil Application No.7003 of 1987 is concerned with Land Reference Case No.27 of 1981 whereas Special Civil Application No.7004 of 1987 is concerned with Land Reference Case No.28 of 1981. The Reference Court, on the basis of evidence adduced before it, awarded a sum of Rs.4,04,071/ - as additional amount of compensation to the claimants by common judgment and award dated June 28, 1983. The Land Acquisition (Amendment) Bill, 1982, was introduced on April 30, 1982. The Bill became an Act on receiving the assent of the President on September 24, 1984. As per the Act which was amended in the year 1984, enhanced rate of 30% and also interest at the enhanced rate on the total amount of compensation was payable to the interested persons if awards were made by the Collector or the Courts between April 30, 1982 and September 24, 1984. Therefore, the petitioners in Special Civil Application No. 7003 of 1987 addressed a representation dated July 23, 1985, to the Deputy Collector, Chhota Udepur, District: Vadodara, calling upon him to make payment of additional amount of compensation of Rs.11,87,578=38 ps. being the amount of enhanced solatium and additional interest on the amount of compensation found payable to them, whereas the petitioners in Special Civil Application No.7004 of 1987 addressed similar representation of the same date calling upon the Deputy Collector, Chhota Udepur, District: Vadodara, to make payment of Rs.4,18,183=80 ps. being the amount of enhanced solatium and additional interest awardable on the amount of compensation found payable to them. The abovereferredto two representations dated July 23, 1985, have been produced by the petitioners on the record of respective petition at Annexure -B to the petition. On receipt of the representations, the Deputy Collector, Chhota Udepur, District: Vadodara, by communication dated May 4/9, 1987, informed the petitioners that pursuant to letter dated July 29, 1985, of the Revenue Department, Government of Gujarat, the claim for enhanced solatium and additional interest on the amount of compensation between the period from April 30, 1982 to September 24, 1984, was admissible, but the Supreme Court had delivered contradictory decisions on the point and as the issue was referred to Larger Bench of the Supreme Court, it was not possible for him to make payment of enhanced amount of solatium and grant additional interest on the amount of compensation found payable to them. A copy of the communication dated May 4/9, 1987, addressed by the Deputy Collector, Chhota Udepur, District: Vadodara, is produced at Annexure -C to both the petitions. Thereupon, the petitioners addressed applications dated June 22, 1987, calling upon the Special Land Acquisition Officer and Deputy Collector, Chhota Udepur, District: Vadodara, to refer the issue, as to whether they were entitled to enhanced solatium at the rate of 30% and additional interest on the amount of compensation payable to them, to the Reference Court for its decision. A copy of the said application is produced by the petitioners at Annexure -D of each petition. On receipt of two applications, the Deputy Collector, Chhota Udepur, District: Vadodara, informed the petitioners by communication dated July 23, 1987, that award under Section 11 of the Act was made by him on June 16, 1980, against which References were sought and as the References were disposed of by the Reference Court, the prayer to refer the matter again to the Reference Court could not be accepted. A copy of the communication dated July 23, 1987, is produced by the petitioners on the record at Annexure -E to each petition.