BHAICHANDBHAI DHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms. Archana Raval, learned AGP, waives service of rule on behalf of respondents Nos. 1, 2 & 4.

(2.) THE present petition has been filed by the petitioners for the prayer, inter alia, that action on the part of respondent No. 2 of not deciding the application of the petitioners under Sec. 28A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), Annexure -A, is illegal, arbitrary and against the law. It is further prayed by way of interim relief for a similar direction that respondent No.2 may be directed to decide the application of the petitioners under Sec. 28A of the Act and also pay the amount of compensation with consequential benefits.

(3.) THE short facts of the case, briefly summarised, are that the land of the petitioners is situated at village Jankol, Taluka Deesa, District Banaskantha bearing Revenue Survey No. 93 admeasuring 4269 sq. mtrs., which have been acquired by the respondents for the public purpose of construction of Deesa Air Field. The notification under Sec. 4 of the Act was published on 2.8.1986 and the notification under Sec. 6 of the Act was published on 21.1.1987. The award was declared on 24.3.1988. Some of the claimants, whose lands have been acquired by the same notification, filed a reference application under Sec. 18 of the Act, being Land Acquisition Case Nos. 729/88 to 752/88 and Land Acquisition Case Nos. 756/88, 758/88 to 770/88. The Reference Court partly allowed those reference applications filed by the claimants by order dated 2.5.1992 awarding an additional compensation.