RATANSING JIVANSING THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has prayed for a direction to the respondents- authorities to award compensation for demolition of the dwelling units situated at land bearing Survey No. 158 paiki Village Jethi, Tal. Amirgadh, Dist. Banaskantha for the purpose of construction of National Highway No. 14.

(2.) Brief facts, which are somewhat peculiar in the present case, are as under: The State Government had granted the said land to one Nutan Karmavad Vasahat Kheti Sahakari Mandali-farming society for cultivation on new tenure basis. Earlier, on the ground that the conditions of grant of land were breached, the grant was recalled and the land was forfeited in the Government. Later on, the same land was re-granted again on new tenure basis and subject to conditions. Once again the Government found that on 05.06.1981, the society had gone in liquidation and the District Registrar of Co-operatives had cancelled the registration of the society by an order dated 31.03.1991. It was found that the society was no longer in the existence and the erstwhile members of the society had fragmented the land and were carrying out agricultural operations on small basis on the said land. The competent authority therefore, once again passed an order forfeiting the land into Government and cancelled the grant. The issue reached upto the Special Secretary, who, by his revisional order dated 04.05.2009 confirmed this position.

(3.) In the meantime, the National Highway authority required the said land along with other lands in the vicinity for the purpose of construction/widening of the national highway. The competent authority passed his award in terms of section 3G of the National Highway Act, 1956 [ 'the Act' for short]. With respect to the land in question, he provided that the holder of the land was Nutan Karmavad Vasahat Kheti Sahakari Mandal. However, in view of the fact that the land had already vested in the Government, for the entire piece of land admeasuring 3,89,419 sq.mtrs he awarded no compensation. With respect to cost of construction, wells etc. he had awarded compensation of Rs. 3,21,500/- on 02.01.2008. In the award itself he had made a mention of the land of the society noting that the same land has already vested absolutely in the Government of India. His reference appears to be that the land having vested in the State Government, it was no longer necessary to undertake separate proceedings for acquisition of such land for the purpose of highway construction. Despite this, he did award a compensation of Rs. 3,21,500/- for damage to the superstructure.