PRAHLADBHAI TRIKAMBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) BY these petitions under Article 227 of the Constitution of India, the petitioners have challenged the order dated 5th May, 2008 passed by the learned Principal Senior Civil Judge, Gandhinagar whereby the petitioners' applications for condoning the delay caused in filing review applications in Land Acquisition References No.316 to 318 of 2000 have been rejected.

(2.) BRIEFLY stated, the facts giving rise to the present petitions are that the petitioners' lands situated in the sim of village Uvarsad, Taluka District Gandhinagar were acquired for the purpose of O.N.G.C. Drilling Site No.K.414 (K.L.D.T.). The Special Land Acquisition Officer awarded compensation to the tune of Rs.18/ - per sq. mt. Not being satisfied with the award, the petitioners filed references under section 18 of the Land Acquisition Act (hereinafter referred to as "the Act") claiming compensation at the rate of Rs.200/ - per Sq. mt. By a judgement and award dated 8th August, 2006 passed by the learned Principal Senior Civil Judge, Gandhinagar, the reference applications came to be partly allowed by directing the respondents to pay additional compensation of Rs.46.35 ps. per sq. mt. over and above the compensation already awarded by the Special Land Acquisition Officer, i.e. a total of Rs.64.35 ps. per sq. mt. While awarding the aforesaid amount, the Reference Court had placed reliance upon its earlier judgement and award rendered on 8th August, 2005 in Land Acquisition Cases No.2/2002 to 4/2002. It appears that the petitioners were satisfied with the compensation determined by the Reference Court and did not challenge the same before the higher forum.

(3.) HOWEVER , the claimants in Land Acquisition Cases No.2/2002 to 4/2002 challenged the judgement and award dated 8th August, 2005 made in the said cases before this Court by way of appeals under section 54 of the Act, being First Appeals No.3202 to 3204 of 2006 wherein their claim was that the Reference Court committed error in awarding only Rs.55/ - as additional compensation to them for their acquired lands, over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.16.50 ps. per sq. mt. and that they should be awarded further additional amount of compensation at the rate of Rs.94.10 ps. per sq. mt. In the said appeals the appellants therein moved applications praying that they be allowed to adduce additional documentary evidence at the appellate stage. By a common judgement and order dated 5th May, 2007 passed in the said civil applications and the first appeals as well as in First Appeals No.3809 to 3812 of 2006 which arose out of judgement and award dated 5th August, 2005 rendered in Land Acquisition Reference Cases No.59/02 to 61/02 and 63/02, a Division Bench of this Court allowed the civil applications and permitted the applicants to lead additional evidence before the Reference Court. The Court set aside the judgement and award dated 8th August, 2005 rendered in Land Acquisition Reference Cases No.2/02 to 4/02 as well as judgement and award dated 8th August, 2005 rendered in Land Acquisition Reference Cases No.59/02 to 61/02 and 63/02 and remanded the matters to the Reference Court for deciding the matters afresh after permitting the parties to lead additional evidence.