SCA/5826/2008 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5826 of 2008 WITH SPECIAL CIVIL APPLICATION No. 5827 of 2008 TO SPECIAL CIVIL APPLICATION No. 5831 of 2008 WITH SPECIAL CIVIL APPLICATION No. 5084 of 2008 For Approval and Signature: HONOURABLE MR. JUSTICE MOHIT S. SHAH HONOURABLE MS.JUSTICE H.N.DEVANI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= DHARMENDRASINH RANJITSINH JADEJA & 2 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================= Appearance : SCA NO.5826/2008 TO SCA 5828/2008 MR GM AMIN for Petitioner(s) : 1 - 3. MS NISHA PARIKH, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR PR NANAVATI for Respondent(s) : 2, MS SEJAL V SUTARIA for Respondent(s) : 3, Appearance : SCA NO.5829/2008 TO SCA 5830/2008 MR GM AMIN for Petitioner(s) : 1 - 3. SCA/5826/2008 2/5 JUDGMENT MR APURVA DAVE, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR PR NANAVATI for Respondent(s) : 2, MS SEJAL V SUTARIA for Respondent(s) : 3, Appearance : SCA NO.5831/2008 AND SCA 5084/2008 MR GM AMIN for Petitioner(s) : 1 - 3. MS SANDHYA D NATANI, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR PR NANAVATI for Respondent(s) : 2, MS SEJAL V SUTARIA for Respondent(s) : 3, ========================================= CORAM : HONOURABLE MR. JUSTICE MOHIT S. SHAH and HONOURABLE MS.JUSTICE H.N.DEVANI Date : 02/12/2008 ORAL JUDGMENT (Per : HONOURABLE MR. JUSTICE MOHIT S. SHAH) In these petitions under Article 226 of the Constitution, the petitioners have prayed for a direction to the respondents to pay compensation for acquisition of the lands in question situated in the sim of village Poshitara, Taluka Dwarka, District Jamnagar as per the award dated 16th April, 2001 made in Land Acquisition Case No.6 of 1997 and connected Land Acquisition Cases. 2. The petitioners' case is that they had purchased the land in question from the predecessors in title who are respondents in the respective petitions by registered sale deeds which were executed between 30th December 1997 and 28th January 1998 and SCA/5826/2008 3/5 JUDGMENT which were also registered with the concerned Sub-Registrar of documents between 3rd January 1998 and 20th February 1998. The grievance of the petitioners is that although the petitioners had purchased the land by registered sale deed and consequently the mutation entries were also made in the revenue record of the Govt. and thereafter the Land Acquisition Officer had also issued notices in the year 1999, the Land Acquisition Officer made the award in favour of the original owners i.e. the predecessors in title of the petitioners, depriving the petitioners of their constitutional right to receive the compensation for the lands acquired from the petitioners. 3. In the affidavit in reply filed by the Special Land Acquisition Officer, Gujarat Maritime Board, it is admitted that the petitioners' names were entered in the village form Nos. 7 and 12 by mutation of entries on the basis of the sale deeds and the Deputy Collector, Jamkhambhalia had also issued notices to all the concerned persons including the petitioners on 30th April 1999. However, it is still stated that after issuance of notices by the Special Land Acquisition Officer, Gujarat Maritime Board, no objections were received and therefore the award was made in favour of the original land owners whose names were reflected in the revenue record. It is also stated that after the award is passed, the Collector cannot make correction in the award except in case of clerical or arithmetical error. Therefore, the Collector or the SCA/5826/2008 4/5 JUDGMENT Special Land Acquisition Officer has no power to substantially change the award. The petitioners have not got their rights decided by the civil Court against the concerned persons who sold the land to the petitioners and whose names appear in the award; and that in absence of any decision of the competent Court regarding rights of the party, compensation cannot be disbursed in favour of the petitioners. It is also stated that the lands were purchased after the commencement of the acquisition proceedings. 4. Having heard Mr. G.M.Amin, learned advocate for the petitioners, Mr. P.R.Nanavati, learned advocate for respondent No.2, Gujarat Maritime Board, learned Assistant Government Pleaders for respondent No.1-State and Ms. Sejal Sutaria, learned advocate for the original land owners from whom the petitioners had purchased the land, we find that when the petitioners have produced the copies of sale deeds and the necessary mutation entries to show that the petitioners have purchased the lands and the petitioners were owners of the lands as on the date of issuance of Notification under section 4 and also on the date of issuance of Notification under section 6 of the Land Acquisition Act, there was no reason for the Land Acquisition Officer not to make the award in favour of the petitioners. Ms. Sejal Sutaria, learned advocate appearing for the original owners categorically states that since they have already sold the lands before the acquisition, they have no objection if the amount of compensation is disbursed to the SCA/5826/2008 5/5 JUDGMENT petitioners. 5. In view of the above factual aspects and the above statement made on behalf of the original owners, we see no impediment to grant of relief in favour of the petitioners. 6. Accordingly the petitions are allowed. The respondents are directed to disburse the compensation for acquisition of the lands in question situated in the sim of village Poshitara, Taluka Dwarka, District Jamnagar in favour of the petitioners. This shall be done after the Collector amends the award which shall be done within one month from the date of receipt of this Judgment after verification of the sale deeds. The compensation shall thereafter be disbursed to the petitioners within a fortnight. At the time of the disbursement, it will be open to the Special Land Acquisition Officer to verify the identity of the persons to whom the disbursement is being made. [M. S. SHAH, J.] [H.N.DEVANI, J.] Jani