JEETSINH SARDARSINH WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS have approached this Court with these writ petitions under Article 226 of the Constitution of India, claiming compensation on the ground that their lands are being leased out by the Government to Tata Motors Limited for setting up Nano Car Project, without following the procedure laid down under the Land Acquisition Act, 1894.

(2.) GOVERNMENT vide Resolution dated 21.10.2008 allotted about 1100 acres (Hector 445 -17 -00 = 44,51,700 sq. mtrs.) of land situated at village Northcote -Pura in Sanand Taluka of Ahmedabad Distt. in favour of Tata Motors Limited, at the rate of Rs. 900/ - per square meter, after getting the land value determined by the State level Price Committee in consultation with the Chief Town Planner.

(3.) PETITIONERS in Special Civil Application No. 14257 of 2008 have also approached this Court challenging action of the State Government in allotting land admeasuring 865 acres 27 gunthas, situated at Khoda Taluka, Sanand District to Tata Motors Limited, without following the provisions of Land Acquisition Act and without paying adequate compensation to the claimants. Contention of the petitioners is that above mentioned lands were originally owned by their ancestors and that in the year 1900 because of drought and non -availability of water in the region, people found it difficult to save sacred Kankrej cows and to overcome such a situation, Northcote Cattle Breeding Farm at Chharodi was established in the year 1899 -1900. Petitioners submit that land in question was given to the cattle breeding farm by the petitioners' ancestors on execution of lease deed, bearing document No. 282 dated 7.10.1902. Petitioners had made an application to Sub -Registrar, Ahmedabad for a copy of the lease deed and the same was replied by Sub -Registrar's office stating that the said document was not available. Petitioner has also submitted that repeated requests were made to the Government to hand over the subject piece of land to the petitioners. Later, officials of Anand Agricultural University orally informed petitioners that land in question was acquired by the State Government in the year 1911 and that from the communication of Special Land Acquisition Officer dated 17.7.2006, petitioners came to know that lands in question were acquired by the Government and an award dated 22.8.1911 was passed. Petitioners submit that they have never supplied with copy of Section 4(1) Notification issued under the Land Acquisition Act, or copy of the award dated 22.8.1911. Under these circumstances, petitioners have approached this Court seeking a declaration that action of the Government in allotting lands in survey Nos. 13 to 22 and survey No.30 admeasuring 865 acres 12 gunthas situated at village Khoda, Taluka Sanand, Distt. Ahmedabad in favour of Tata Motors Limited, without following mandatory provisions of the Land Acquisition Act, is illegal, arbitrary and discriminatory. Alternatively, petitioners have also sought for a direction to the respondents to pay them adequate compensation at the current market value of the land, and also for consequential reliefs.