Koli Savjibhai Bhikhabhai vs State of Gujarat and Others

D.H. Waghela, J.—Being aggrieved by order dated 11.08.2008 of Additional Collector, Palitana in Land Acquisition Case No. 6 of 1985, the petitioner has approached this Court with the grievance that the rate applied to the land acquired from the petitioner is obviously incorrect, while allowing the application of the petitioner u/s 28A of the Land Acquisition Act. It was seen from the impugned order, and fairly conceded by learned A.G.P., that, in respect of the land of the petitioner, it was clearly stated and concluded that it was irrigated land. Therefore, additional compensation @ Rs. 350/- per Are was required to be determined and other consequential benefits were required to be calculated accordingly. However, by now, vide letter dated 29.07.2010, the respondents have calculated additional compensation, solatium, addition and due interest on the basis of the total market price @ Rs. 350/- per Are and forwarded payment of Rs. 1,40,690/- for disbursement to the petitioner.

It was submitted by learned Counsel Mr. K.L. Dave that the payment proposed to be made by the respondents overlooked the period from 11.08.2008 to 11.08.2010 in calculating interest @15% and unduly deducted payment of Rs. 5,091.15 ps. which was already made earlier.

Having heard learned Counsel Mr. Dave and learned A.G.P. Ms. Monali Bhatt, it was clear from the record that the land of the petitioner, which was the subject-matter of acquisition, was required to be treated as irrigated land and he was entitled to compensation @ Rs. 400/- per Are, at par with the other claimants who had preferred reference and who were awarded such total compensation at such rate. Therefore, additional amount to the tune of Rs. 24,000/- was required to be paid, according to the calculation of learned Counsel Mr. Dave, a copy of which is placed on record and supplied to learned A.G.P.

Having regard to the undisputed facts, the petition is required to be partly allowed. Accordingly, partly allowing the petition, it is directed that the amount of Rs. 1,40,690/-, which is stated to have been transmitted to the Mamlatdar concerned for payment to the petitioner, shall be paid to the petitioner at the earliest, after due verification, and additional amount on the basis of the rate of Rs. 400/- per Are shall be calculated, the payment made earlier shall be deducted therefrom and interest @15% for the period from 11.08.2008 to 11.08.2010 on the total amount of compensation shall be calculated and paid to the petitioner, within a period of two months from today. Rule is made absolute accordingly with no order as to costs.