- (1.) Civil Appeal Nos. 2972 -2973 of 2012 have been filed by the landowners - claimants seeking interference with the reduction of land acquisition compensation as made by the High Court by its judgment and order dated 25th July, 2011 under challenge. Civil Appeal Nos. 2974 -2975 of 2012 have been filed by the Special Land Acquisition Officer aggrieved by the part of the order of the High Court awarding rent compensation in favour of the landowners for unjust deprivation of the possession and use of the land in question prior to the acquisition thereof by notification dated 18th April, 2002 Under Sec. 4 of the Land Acquisition Act, 1894 (for short "the L.A. Act"). The Appellants - landowners and/or their predecessor -in -interest were the owners of the agricultural land located in village Dholakuva. In the year 1958, the Bombay Inferior Village Watan Abolition Act, 1958 was enacted by which occupants of the land were required to pay occupancy price and on such payment the land was to be re -granted to the occupants. The Appellants - landowners and/or their predecessor -in -interest apparently paid the occupancy price though the land was neither re -granted nor physical possession of the same was handed over. In the year 1966, the jurisdictional Collector directed the land to be -transferred to the State P.W.D. by correction of the land records and since then i.e. 1966 the land had remained in the possession of the State Government.
(2.) In the year 1999, the landowners moved the High court by way of writ petition and the High Court ordered the matter to be referred to a Committee to be constituted to examine the matter. Thereafter a Committee known as the Jasol Committee was constituted which submitted a report dated 22nd June, 2001 to the effect that the handing over of possession of land to the State P.W.D. in the year 1966 was illegal and unauthorized. However, as in the meantime i.e. 29th November, 1999 the land in question along with other lands measuring 192.5 acres, in all, was transferred to Infocity, the Jasol Committee directed that an acquisition proceeding should be initiated for acquisition of the land of the Appellants -landowners which measured about 20,000 square meters (roughly about 5 acres). Pursuant thereto the Notifications Under Sec. 4 and Sec. 6 of the L.A. Act were issued on 18th April, 2002 and 28th June, 2002, respectively. The award came to be passed on 30th October, 2003 granting compensation at the rate of Rs. 115/ - per square meter. The Reference Court enhanced the compensation to Rs. 3,500/ - per square meter and in appeal by the Special Land Acquisition Officer the High Court, as already noticed, by the impugned order dated 25th July, 2011 had scaled down the compensation to Rs. 770/ - per square meter. For unauthorized occupation of the land from the year 1966 the High Court by the impugned judgment directed payment of rent in favour of the landowners by the State on the basis of the principles of calculation specifically enumerated in the order of the High Court. Aggrieved by the reduction of compensation the landowners are in appeal i.e. Civil appeal Nos. 2972 -2973 of 2012 whereas aggrieved by the award of rent compensation the Special Land Acquisition Officer has filed the connected appeal i.e. Civil Appeal Nos. 2974 -2975 of 2012.
(3.) We have heard Shri Jaideep Gupta, learned Senior Counsel appearing for the landowners and Shri Pritesh Kapur, learned Counsel for the Special Land Acquisition Officer.;