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2018 DIGILAW 207 (GUJ)

Deceased Madhu Karsan v. State of Gujarat

2018-01-22

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. As common question of law and facts arise in this group of petitions, all these petitions are heard, decided and disposed of together by this common judgment and order. 2. Rule in each of the petitions. Shri Premal Nanavatiy, learned Advocate waives service of notice of Rule on behalf of the respondent Nos.2 to 4 in each of the petitions. 3. By way of these petitions under Article 226 of the Constitution of India the respective petitioners original land owners/heirs and legal representatives of the original land owners/owners have prayed for an appropriate writ, direction and order to quash and set aside the land acquisition proceedings with respect to the lands in question for which the Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "said Act") came to be issued on 11.02.1999 (Annexure-A to the petitions) and even the awards came to be declared under Section 11 of the said Act on 07.08.2001. 4. Today, when all these petitions are taken up for further hearing/final hearing, learned Advocates appearing on behalf of the respective parties have jointly submitted that as such the issue involved in the present petitions is squarely covered against the respondents acquiring body pursuant to the decision dated 06.11.2012 of the Division Bench of this Court in the case of Khimanand Devanand vs. State of Gujarat & Ors. rendered in Special Civil Application No.9599/2008 and other allied Special Civil Applications by which the Division Bench of this Court has allowed the aforesaid Special Civil Applications and has quashed and set aside the land acquisition proceedings in case of all those land owners who have not accepted the amount of compensation due to them under the respective awards. It is submitted that the Division Bench of this Court has also further passed an order and has quashed and set aside the land acquisition proceedings with respect to those petitioners original land owners who have been paid the amount of compensation subject to their returning/refunding the same within a period of three months with 9% interest thereon for the period from the date of payment to them till the date of repayment by them to the respondent-acquiring body. Therefore, the learned Advocates appearing on behalf of respective parties have requested to pass similar order in the present group of petitions also. 5. Therefore, the learned Advocates appearing on behalf of respective parties have requested to pass similar order in the present group of petitions also. 5. Shri Premal Nanavati, learned Advocate appearing on behalf of the respondent-acquiring body has stated under the instructions from Shri Halpat, Executive Engineer (Civil) that only in two cases i.e. Special Civil Application Nos.22736/2017 and 22355/2017, the amount of compensation payable under the award has not been paid to them and in rest of the cases, all the petitioners land owners have been paid the amount of compensation. It is submitted that therefore, necessary directions are required to be issued directing those original petitioners-original owners who are already paid the amount of compensation as per the award to refund the amount already received by them by way of compensation with 9% interest thereon from the date of payment to them till the date of repayment by them to the concerned respondent-acquiring body and on that condition being fulfilled, the award and the notices issued to them under Section 12 as well as the land acquisition proceedings may be directed to be quashed and set aside. 6. In view of the above and for the reasons stated in the common judgment and order passed by the Division Bench of this Court in the case of Khimanand Devanand & Ors. (Supra), by which with respect to the acquisition of the lands acquired by the very respondents and acquired for the very project/purpose have been quashed and set aside, all these petitions are hereby allowed. The entire acquisition proceedings including the notices under Section 12 of the said Act with respect to the lands in question are hereby quashed and set aside. However, on condition that the petitioners of Special Civil Application Nos.22659/2017, 22737/2017, 22741/2017, 22743/2017, 22744/2017, 22745/2017, 22747/2017, 22353/2017 and 2254/2017 shall return/refund the amount of compensation, within a period of three months, which they have already received pursuant to the respective awards declared by the Special Land Acquisition Officer with respect to the lands in question with 9% interest thereon from the date of payment to them till the repayment by them to the concerned respondent and on that condition being fulfilled, the award and notices issued to them under Section 12 as well as the entire land acquisition proceedings with respect to the lands in question shall stand quashed and set aside. It goes without saying that the present order shall not affect the acquisition of lands in respect of which the petition is not filed and the original owner of the land has not challenged the acquisition proceedings. Rule is made absolute to the aforesaid extent in each of the petitions. In the facts and circumstances of the case, there shall be no order as to costs.