KRISHNAKUNJ CO OPERATIVE HOUSING SOCIETY LIMITED Vs. SPECIAL LAND ACQUISITION OFFICER
LAWS(GJH)-1988-8-4
HIGH COURT OF GUJARAT
Decided on August 26,1988

Krishnakunj Co Operative Housing Society Limited Appellant
VERSUS
SPECIAL LAND ACQUISITION OFFICER Respondents





Cited Judgements :-

BAI JADI VS. STATE OF GUJARAT [LAWS(GJH)-1997-7-40] [REFERRED TO]
SARITA SHARMA VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2015-1-440] [REFERRED]
HEIRS OF CHHOTABHAI, VARIBHAI PATEL VS. STATE [LAWS(GJH)-1997-12-76] [REFERRED TO]


JUDGEMENT

R.A.MEHTA - (1.)By this petition the petitioners seek a writ of mandamus or directions of quashing and setting aside the impuged award of Nil compensation under Sec. 48(2) of the Land Acquisition Act (hereinafter referred to as the Act) and for a further direction to award compensation at a of the value of the lands in question or in the alternative directing the respondent Land Acquisition Officer to pass a fresh award under Sec. 48(2) of the Act. The land was earlier proposed to be acquired and notification under Secs. 4 and 6 were issued on 5 and 24-2-1984 respectively. The acquisition was proposed for public purpose of Kalol Growth Centre. The final development plan under the Gujarat Town Planning and Urban Development Act was submitted to the Government on 18-1-;983 for sanction under Sec. 16 of the Act. Under that development plan the land proposed to be acquired was reserved for the said purpose. Section 9 of L. A. Act notices for determination of compensation were issued. However no award was made. The petitioners had therefore filed Special Civil Application No. 3753 of 1985 for a direction to make an award and make the payment of compensation and on behalf of the respondents a statement was made that the award would be declared before 31 and therefore the petition was withdrawn. As the award was not made within the assured time Misc. Civil Application No. 394 of 1986 was filed for taking appropriate action against the respondents under the Contempt of Courts Act. However in that proceeding a statement was made on behalf of the respondents that the award will be declared on or before 30-6-1986.
(2.)On 30-5-1986 the Government withdrew from the acquisition and therefore the award was not made. Thereupon Special Civil Application No. 5012 of 1986 was filed for a direction to the respondents to make an award under Sec. 48(2) of the Act and for releasing the land from reservation under the Development plan under the Gujarat Town Planning and Urban Development Act. Another petition being Special Civil Application No. 1941 of 1987 was also filed for direction to the respondents to make an award under Sec. 48(2) of the Land Acquisition Act and for other prayers against reservation. In that petition the High Court had passed an order to make an award within the specified time which was extended from time to time and ultimately the respondents passed the impugned award on 18-2-1988 awarding Nil compensation under Sec. 48(2) of the Act.
(3.)The grounds claiming compensation have been summarised in para 11 of the petition: mainly it is claimed that Rs. 12.00 per sq.mt. should have been awarded as the lands could not be developed from the period Sec. 4 notification was issued till it was withdrawn. (i. e. from 1981 to 1986) Rs. 10.00 per sq mt. should have been awarded as damages as crops could not be raised; costs were incurred in the litigation and that were required to be compensated. It was also contended that as no loans could be raised on the land for better agriculture and better crops Rs. 10.00 per sq.mt. should have been awarded.
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