JAMNABEN MANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondents to decide her application dated 11th July, 2006 made under Section 28-A of the Land Acquisition Act, 1894 (in short 'the Act') in respect of land bearing Survey No.283/2, situated in the sim of Devliya, Taluka Dhandhuka, District Ahmedabad. The petitioner also seeks a direction to declare award under Section 28-A of the Act and to pay the compensation with statutory interest.

(2.) The facts of the case stated briefly are that the petitioner's land bearing Survey No.283/2 admeasuring 0-23-52 Sq.Mtrs. was acquired for the purpose of Narmada Canal. Notification under Section 4 of the Act was published on 28.10.1993 and declaration under Section 6 of the Act was made on 16.5.1994. Award under Section 11 of the Act was made on 22.4.1996 and compensation was determined at the rate of Rs.0.82 paise per Sq.Mtr.

(3.) Being aggrieved by the aforesaid award, some of the claimants made reference applications under Section 18 of the Act before respondent No.1. The said references were registered as Land Acquisition Case Nos. 996 of 1998 to 1018 of 1998 before the 4th Additional Senior Civil Judge, Ahmedabad (Rural), District Court at Navrangpura. By judgment and award dated 17.4.2006, the Reference Court determined compensation at the rate of Rs.28/- per Sq. Mtr. with other statutory benefits.