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1996 DIGILAW 659 (GUJ)

Heirs of Chandulal P. Vakharia v. STATE

1996-12-09

S.D.PANDIT, S.M.SONI

body1996
S. D. PANDIT, J. ( 1 ) THIS Writ petition is filed by the petitioners seeking a direction from this court to the respondent No. 1 to pass an award in pursuance to the Notification issued under Sec. 4 of the Land Acquisition Act (thereinafter referred to as the) Act or in the alternative to pass an appropriate award under Sec. 11 of the Act as regards the land of the petitioner which is taken into possession by the respondent No. 2. ( 2 ) AS no award was passed as regards Notification dated 13. 10. 83 said land acquisition proceedings have lapsed. It is stated at the bar by the learned AGP for the respondent No. l that afresh notification has been issued under Sec. 4 of the Act on 1. 6. 1995. Concerned Land Acquisition Officer is also present in the court and after taking instruction from him, learned AGP states that a report from the Valuation Officer is called for and after getting the said valuation report as well as getting approval from the committee which has to approve the price exceeding Rs. l lac needful will be done. The period of two years for the second Notification will be completed on 1. 6. 1997. It will have to be observed here that because of the lethargy on the part of the Land Acquisition officer, earlier Notification issued on 13. 10. 1983 has not merged into the award. Respondent No. 2 Railway Board would have paid the price of the land if the award was passed in pursuance of the said Notification dated 13. 10. 1983 as per the land value prevailing in 1983 and the court can take judicial notice of the fact of the price of the land is increasing day by day and now in pursuance of this award the respondent No. 2 has to pay more amount than what would have been paid had the Notification under Sec. 4 of the Act issued on 13. 10. 9183 had merged into an award. We do not want to have repetition of the same fact again. We therefore, direct the respondent No. 1 and its Land acquisition Officer to pass an award under the Act on or before 30. 4. 1997. With these observations we dispose of this petition. Rule is made absolute. No order as to costs. 9183 had merged into an award. We do not want to have repetition of the same fact again. We therefore, direct the respondent No. 1 and its Land acquisition Officer to pass an award under the Act on or before 30. 4. 1997. With these observations we dispose of this petition. Rule is made absolute. No order as to costs. ( 3 ) LEARNED A. G. P. is directed to communicate this Order in writing to the concerned officer. .