MACHABHAI BAKORBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) -This petition is filed against the order passed by the Special Land Acquisition Officer, Unit No. 1, Vadodara on August 6, 1986, Annexure-A to the petition By said order, an application filed by the petitioner-land owner, under Section 18 cf the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') to refer the matter to a competent court came to be rejected

(2.) The case of the petitioner is that he owned and possessed agricultural land bearing Survey No. 62/5/C admeasuring 0-32- 60 sq. mts. Said land was acquired for public purpose, namely, for proposed bridge near Mahi river near Umeta. According to the petitioner, an amount of compensation for the land was assessed by the Land Acquisition Officer at Rs. 10,106/-. Including solatium and interest, total amount of Rs. 14,785/- was paid. According to him, said amount was mearge and considering the location of the land as also the amount of compensation which had been paid to the land owners in nearby locality in past. compensation fixed under award was grossly inadequate and hence, he applied to the Land Acquisition Officer to make reference to a competent court.

(3.) The Special Land Acquisition Officer (respondent No 2 herein), passed an order rejecting the application inter alia on the ground that when the amount of compensation was paid to the petitioner in May, 1986. he accepted it without any objection It was, therefore, not open to htm to request or to pray to refer the matter to a competent court.