NARENDRASINH MULSINH THAKORE Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) By filing the instant petition under Article 226 of the Constitution, the petitioner has prayed to issue a Writ of Mandamus or any other appropriate Writ or order directing the respondents to pay the amount of compensation for acquiring his land admeasuring 5616 sq.ft. of Revenue Survey No.55 situated at village Bhavanpur, District: Sabarkantha at the rate of Rs.21/ - per sq.foot together with solatium and interest at the rate of 18% from the date of its acquisition. In the alternative, the petitioner has prayed to direct the respondents to hand over the vacant and peaceful possession of the land mentioned above together with amount of rent and interest thereon for the use of the land by them.

(2.) Originally, Revenue Survey No.55 situated at village Bhavanpur, District: Sabarkantha, belonged to the petitioner. The land remained uncultivated continuously for a period of three years prior to August 1, 1954. Therefore, in terms of Section 8 of the Jagir Abolition Act, the land vested in the Government. After vesting of the land in the Government, necessary Entry No.98 dated February 9, 1956, was made in 7/12 Extract maintained by the Village Panchayat of Bhavanpur, Taluka: Bhiloda. From the affidavit -in -reply filed by Dr.Nishar D.Jankhwala, Incharge Deputy Director, Animal Husbandry, District Panchayat, Sabarkantha, Himmatnagar, on January 11, 2007, it transpires that the original owner of the land had initiated proceedings before the Mamlatdar and had claimed ownership of the land in question. The Mamlatdar, by his order dated December 21, 1956, directed to delete the name of the government from 7/12 Extract and also directed to enter the name of the original owner in respect of Survey No.55. Feeling aggrieved by the order of the Mamlatdar, an Appeal was preferred before the Collector who allowed the same and set aside the order of the Mamlatdar. The order of the Collector was challenged by the owner of the land before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal partly allowed the revision application filed by the owner vide order dated June 22, 1982, and directed to hold fresh inquiry. After remand, the Collector passed an order dated July 8, 1986, by which it was held that the land belonged to the petitioner. Before the said order was passed, the land was handed over by the Government to Veterinary Hospital of Shamlaji which constructed a hospital in the year 1982. As the hospital was already constructed, the Joint Director of Animal Husbandry, Ahmedabad, addressed a letter dated May 12, 1988, to explore the possibility of acquiring the land in question because the issue regarding the ownership of the land was decided subsequently. Accordingly, the Executive Engineer (District Panchayat), R & B Department, Himmatnagar, District: Sabarkantha, through the Collector, proposed to the State Government on September 6, 1990, to acquire the land in question. After scrutiny of the proposal, the Government issued notification under Section 4 of the Land Acquisition Act, 1894 ("the Act" for short) which was published in the official gazette on June 20, 1991. Necessary inquiry as contemplated by Section 5A of the Act was made on the basis of which declaration under Section 6 of the Act was made which was published in the official gazette on October 10, 1991. Thereafter, the petitioner was served with a notice for determination of compensation payable to him. After hearing under Section 9 of the Act was over, the Executive Engineer, R & B Division No.2 (District Panchayat, Himmatnagar), was informed to deposit a sum of Rs.3,33,000/ - so that appropriate award could be made under Section 11 of the Act.

(3.) On service of notice, Mr.J.B.Baraiya, Special Land Acquisition Officer, Himmatnagar, Sabarkantha, has filed reply -affidavit dated December 22, 2006. In reply, it is mentioned that as the award was not declared within two years from the date of declaration made under Section 6 of the Act, the acquisition proceedings had lapsed on August 5, 1994, and therefore, the Special Land Acquisition Officer, Himmatnagar, District: Sabarkantha, had dropped LAQ Case No.51/1991 on August 10, 1994. It may be mentioned that the letter dated August 10, 1994, is not produced by Mr.J.B.Baraiya, along with the reply -affidavit dated December 22, 2006. Mr.J.B.Baraiya has filed further additional affidavit on January 10, 2007, mentioning interalia that the declaration under Section 6 of the Act was lastly published as required by law on August 6, 1992, and as the award was not made on or before August 5, 1994, nor the amount required to be paid as compensation to the petitioner was deposited with the respondent No.4, the proceedings had automatically lapsed as a result of which the Land Acquisition Case No.51/1991 was dropped by the respondent No.4 on August 10, 1994. In support of this averment, Mr.Baraiya has produced a communication dated April 15, 1995, addressed by the Special Land Acquisition Officer, Sabarkantha at Himmatnagar to the learned Government Pleader, Gujarat High Court, Ahmedabad, as Annexure -A to his reply.