BASHIRMIYA NABIMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India the petitioners whose lands bearing Survey No. 240/2, 249, 250, 251/1, 251/2, 336/2 paiki, 274/2. 248, 944/4, 252/2 situated in the sim of village mahemdabad, Taluka Mahemdabad. District Kheda (hereinafter referred to as the lands in question) have been acquired under the provisions of the Land acquisition Act, 1894 (hereinafter referred to as the Act) seek a direction against the respondents to release their lands.

(2.) "the lands of the petitioners referred to hereinabove came to be acquired for the purpose of establishing Growth Centre at mahemdabad. Preliminary notification under Section 4 of the Act came to be published on 04. 06. 1981 and declaration under Section 6 of the Act came to be published on 23. 05. 1984. The Special Land acquisition Officer declared award under section 11 of the Act on 22. 09. 1986 and offered compensation at the rate of Re. 1 per sq. mt. to Rs. 1. 70 per sq. mt. The amount of compensation was paid to the petitioners and possession of the land in question was also taken over in 1987.

(3.) THE petitioners did not accept the award of the Special Land Acquisition officer, and made applications under section 18 of the Act which came to be referred to the District Court for determination of compensation. The District court vide judgement and award dated 31. 01. 1997 awarded additional compensation of Rs. 1. 50 to 2. 30 per sq. mt. Being aggrieved, the petitioners preferred appeals before this Court being First appeals No. 840 of 1998 to 876 of 1998. Vide judgement and order dated 15. 03. 1999 rendered in the aforesaid first appeals, additional compensation of Rs. 15/- per sq. mt. came to be awarded. The respondent no. 3 Ahmedabad Urban Development authority challenged the aforesaid judgement and order before the Supreme court and by a judgement and order dated 10. 10. 2002, the appeals came to be allowed and the matters were remanded to this Court.