Gujarat High Court
Maganbhai Mavjibhai vs The Deputy Collector(Land ... on 23 March, 2021
Bench: N.V.Anjaria
C/SCA/13791/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13791 of 2018
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MAGANBHAI MAVJIBHAI & 3 other(s)
Versus
THE DEPUTY COLLECTOR(LAND ACQUISITION AND
REHABILITATION(IRRIGATION) & 2 other(s)
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Appearance:
MR GM AMIN(124) for the Petitioner(s) No. 1,2,3,4
MS. DIVYANGNA JHALA, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE A.C. RAO
Date : 23/03/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
At the outset, learned advocate Mr. G. M. Amin for the petitioners
prayed to permit to add Collector, Jamnagar as party respondent No.4
stating that the Collector would be necessary party in the context of the
grievance and the prayer in the petitioner.
1.1 Permission to add respondent No.4, as requested, is granted. The
cause title may be amended forthwith.
1.2 Heard learned advocate Mr. G. M. Amin for the petitioners and
learned Assistant Government Pleader Ms. Divyangna Jhala for the
respondents, who appeared pursuant to notice issued by the court.
2. The following prayer is made in the petition seeking direction
against the respondents,
"to declare the award of the petitioners' land bearing Survey No. 56/1, 51
C/SCA/13791/2018 ORDER
paiki, 591/1 and 49/3 situated in the sim of village Vanavad, Tal. Bhanvad,
District Jamnagar as per the judgment of the Reference Court and be pleased
to direct the respondents to award the interest at the rate of 18% per annum till
the date of making payment of compensation."
2.1 The basic grievance of the petitioners is about the respondent
authorities not deciding petitioners' application under section 28-A of the
Land Acquisition Act, 1894 though according to the petitioners, the
inquiry was completed long back in the year 2014.
3. Noticing the basic facts, land of the petitioner No.1 bearing Survey
No. 49/3, land of petitioner No.2 bearing Survey No. 56/1, land of
petitioner No.3 bearing Survey No. 49/1/1/ as well as Survey No. 51
paiki and the land of petitioner No.4 bearing Survey No. 51 paiki situated
in the sim of village Vananvad, Taluka Bhanvad, District Jamnagar came
to be acquired for the purpose Una Irrigation Project. Notifications under
section 4 and under section 6 were issued on 10.5.2005 and 23.11.2005
respectively. The Land Acquisition Officer declared compensation at the
rate of Rs. 19.25 per sq. mtrs. for Bagayat land and Rs. 12.90 per sq.mtrs.
for Jirayat land by declaring award on 29.3.2007 under section 11 of the
Act. The land owners being aggrieved by the said compensation, filed the
Reference Cases in which the Reference court enhanced the
compensation at Rs. 98.49 per sq.mtrs. with statutory benefits.
3.1 The present petitioners did not make any Reference, however, their
lands were acquired under the same notification in the same acquisition
proceedings and for the same purpose. The petitioners filed their
application for re-determination of compensation under section 28-A of
the Land Acquisition Act, 1984, on 13.11.2014. It is stated that pursuant
to the application, respondent No.1 asked the petitioners to remain
present in the office of respondent No.1 for hearing. The petitioners filed
C/SCA/13791/2018 ORDER
their reply through their advocate by addressing letter dated 19.1.2015.
However, thereafter things remained in standstill and no decision has
been taken nor any award is passed under section 28A of the Act in
response to the petitioners' application.
4. It was as back as in 2014 that the petitioners have made their
application under section 28-A of the Act for re-determination of the
compensation on the lines of the judgment and award of the Reference
Court in respect of other land owners belonging to the same class whose
lands were acquired under the same notification.
5. In the circumstance, interest of justice would be sub-served if the
competent authority namely respondent No.4 Collector, Jamnagar, is
directed to decide the application of the petitioners within stipulated time.
6. Thus, this petition is disposed of by directing the respondent No.4-
Collector, Jamnagar to immediately take up the the pending application
of the petitioners under section 28-A of the Act and decide the same by
passing an appropriate order declaring award in accordance with law
within six weeks from the date of receipt of copy of this order.
7. The petition is allowed as above.
Direct service is permitted.
(N.V.ANJARIA, J)
(A. C. RAO, J)
C.M. JOSHI
