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FA/354920/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3549 of 2005
To
FIRST
APPEAL No. 3552 of 2005
With
FIRST
APPEAL No. 3554 of 2005
=========================================================
DY.GENERAL
MANAGER - Appellant(s)
Versus
THAKOR
CHATURJI BABUJI & 1 - Defendant(s)
=========================================================
Appearance
:
MR
RR MARSHALL for
Appellant(s) : 1,
RULE SERVED for Defendant(s) : 1,
GOVERNMENT
PLEADER for Defendant(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/08/2008
ORAL
ORDER
1. These
appeals are directed against the judgment and award dated 05.08.2005
passed by the learned Principal Sr. Civil Judge, Mehsana in Land
Reference Cases No. 148/2004 to 154/2004.
2. The
land of the respondents claimants were proposed to be acquired by
the appellant for public purpose for a temporary period under the
provisions of Section 35 of the Land Acquisition Act, 1894. After
completion of all the legal formalities, the appellate authority
passed the award in Compensation Case No. 61 of 1982 dated 29.04.1983
granting compensation of Rs.0.40 per sq. metre. Against the said
award, the claimants preferred applications, which, came to be
referred to the Court below by way of reference. The reference Court,
after appreciating the evidence on record, allowed the references by
raising the amount of compensation.
3. The
issue involved in these appeals is squarely covered by a decision of
the Division Bench of this Court in the case of Oil &
Natural Gas Corporation Ltd. v. Sankarji Hemaji & Anr.
reported in 2008(2) G.L.R. 1226 wherein, it has been
held that reference made by the Land Acquisition Officer in respect
of the quantum of compensation after a considerable long delay were
not maintainable.
4. In
the case on hand, the award was passed on 29.04.1983 in Case No.61 of
1982 wherein, the amount of compensation was fixed at Rs.0.40 per sq.
metre. Against the said award, application was made to the Special
Land Acquisition Officer to refer the issue to the competent Court on
13.08.2001, i.e. after more than eighteen years, meaning thereby,
that the impugned award has been passed after a considerable long
delay.
5. Under
these circumstances, the impugned award dated 05.08.2005 passed by
the learned Principal Sr. Civil Judge, Mehsana in Land Reference
Cases No. 148/2004 to 154/2005 cannot be sustained and is quashed and
set aside. The appeals are, accordingly, allowed. No orders as to
costs.
[K.
S. JHAVERI, J.]
Pravin/*
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