LAVJIBHAI KUBERBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition, under Articles 226 and 227 of the Constitution, the petitioner has challenged the judgment and decree dated 3. 12. 2007 passed by the learned 3rd Additional Senior Civil Judge, Himmatnagar in Regular Civil Suit No. 226 of 2002 and has also prayed for a direction to the respondents to pay interest at the rate of 15% p. a. for late payment of compensation for acquisition of the petitioner's land for the period from 16. 4. 1999 to 30. 8. 2002 and also for the period from 31. 8. 2002 till actual payment of interest.

(2.) THE petitioner's land bearing Revenue Survey No. 912 situate at Village Sarya, Taluka Modasa, District Sabarkantha was acquired for Mazum Irrigation Scheme. In the award in Land Acquisition Case No. 11 of 1980, according to the petitioner, the actual measurement of the acquired land was 2-95-43 sq. mts, but on account of typographical mistake, the award given by the Land Acquisition Officer indicating the measurement 2-07-41 sq. mts. with a result that there was short payment of compensation for 8802 sq. mts.

(3.) THE petitioner applied for reference under Section 18 of the Land Acquisition Act, 1894 and the matter was referred to the District Court, Himmatnagar as Land Reference Case No. 3882 of 1989. In the said reference also, the petitioner was paid compensation for the land admeasuring 02-07-41 sq. mts. The petitioner had thereafter applied to respondent No. 3-Superintending Engineer, Himmatnagar Irrigation Scheme Circle for paying the petitioner compensation for the land admeasuring 8802 sq. mts of land. According to the petitioner, the reference is already allowed and the compensation amount is enhanced. However, since the petitioner had not received any compensation for the land admeasuring 8802 sq. mts. of Revenue Survey No. 912, the petitioner made an application to respondent No. 3-Superintending Engineer for giving compensation to the petitioner for the land admeasuring 8802 sq. mts. at the rate determined by the Reference Court in Land Acquisition Reference Case No. 3882 of 1989. On 15th March, 2002, respondent No. 3 paid the compensation of Rs. 2,19,000/- for the said land admeasuring 8802 sq. mts. at the rate determined by the Reference Court. The respondents calculated interest on the said amount for the period from 15. 4. 1982 to 15. 4. 1999 and paid the petitioner interest of the said period on 30. 8. 2002. In short, the petitioner was not paid interest for the period from 16. 4. 1999 upto 30. 8. 2002.