Exception is taken by the appellants to the common judgment and order dated 28 March, 2012 passed by a learned Judge of the Gujarat High Court whereby six appeals (First Appeal Nos.4383 to 4388 of 2008) carried by the State of Gujarat and two of its officers under section 54 of the Land Acquisition Act, 1894 (hereafter “the Act”, for short) from a judgment and award dated 10 May, 2007 of the Reference Court were allowed. Whereas the lands of the appellants situated in village Morlipura were acquired pursuant to section 4 notification dated 26 June, 1986 giving rise to L.A.Q. In so determining, the Reference Court relied on the award of the Reference Court dated 18 August, 2004 in Reference Case Nos. In our considered view, the lands comprised in village Nimeta having been acquired in pursuance of a section 4 notification dated 18 June, 1981, which was at least 5 years prior to the acquisition by notification dated 26 June, 1986, such prior acquisition and compensation paid to the landowners affected by the same acquisition could not have served as a guiding factor for the High Court to determine compensation payable to the appellants. It has been brought to our notice that other affected landowners of village Morlipura had sought for reference under section 18 of the Act after their lands were acquired for the project giving rise to Reference Case Nos.123-124 of 1991 (renumbered as Reference Case Nos.61-62 of 2017). What appeared to us to be significant was the submission of learned counsel for the appellants that the State of Gujarat had accepted the judgment and award dated 21 March, 2018 without carrying the same in appeal and that it also disbursed the amount of compensation payable to the affected landowner (claimants before the Reference Court) in terms thereof. Whatever amounts the appellants are entitled to in terms of the Reference Court’s judgment and award, minus the amounts so far received, shall be released with simple interest @ 5% per annum from 10 May, 2007, as early as possible but positively within ninety days of receipt of an authenticated copy of this judgment and order.
Also Read: https://newslaw.in/supreme-court/high-court-dismisses-bail-application-in-corruption-case/
Case Title: KALUBHAI KHATUBHAI Vs. STATE OF GUJARAT THROUGH THE SECRETARY (2023 INSC 713)
Case Number: C.A. No.-007791-007796 / 2013
