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2016 Supreme(Guj) 468
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Akil Abdul Hamid Kureshi & Z.K. Saiyed, JJ.
Pushpendrasingh Ranjitsingh Vaghela – Appellant
Vs.
Special Land Acquisition Officer and Others – Respondents
Special Civil Application No. 13634 of 2005
Decided On : 14-03-2016
For the Appellant :K.M. Sheth, Advocate.
For the Respondent: Government Pleader.
The main legal point established in the judgment is that the delay in seeking legal recourse can affect the right to claim compensation for acquired lands, especially if the lands have vested in the Government under the relevant legislation.
Headnote:
Land Acquisition - Agricultural Lands - Act of 1894, Act of 1955, Act of 2013 - The judgment discusses the acquisition of agricultural lands under the Act of 1894, the vesting of lands in the Government under the Act of 1955, and the lapse of acquisition under Section 24(2) of the Act of 2013.
Fact of the Case:
The petitioner's agricultural lands were acquired by the Government under the Act of 1894, and the Government claimed that the lands vested in them under the Act of 1955. The petitioner sought compensation for the acquired lands, which was repeatedly denied by the authorities.
Finding of the Court:
The court found that the lands had vested in the Government under the Act of 1955, and the petitioner's delay in challenging this vesting deprived him of the right to claim compensation. The court dismissed the petition, stating that the petitioner's delay in seeking legal recourse cannot be used to his advantage.
Issues: The main issue was whether the lands had vested in the Government under the Act of 1955, and if the petitioner's delay in seeking legal recourse affected his right to claim compensation.
Ratio Decidendi: The court held that the lands had vested in the Government under the Act of 1955, and the petitioner's delay in challenging this vesting deprived him of the right to claim compensation. The court emphasized that the petitioner's delay in seeking legal recourse cannot be used to his advantage.
Final Decision: The petition was dismissed, and the court discharged the rule with no order as to costs.
Akil Abdul Hamid Kureshi, J.
1. This petition is filed by Shri Pushpendrasingh Ranjitsingh Vaghela, whose father was Thakor of Pindarda State, which was a part of original Gayakwad's State and comprised of several villages, whose lands are now part of periphery of capital city of Gandhinagar. The petition concerns agricultural lands of five Revenue Survey Nos. 62/64, 62/67, 62/92, 62/135 and 62 paikee of Village Borij, Taluka & District Gandhinagar.
2. Originally, when the petition was filed the prayers made by the petitioner were for setting aside the impugned order dated 31.12.2004 (at Annexure-A to the petition) passed by the Special Land Acquisition Officer, Gandhinagar, rejecting the request of the petitioner for paying compensation for such lands acquired by the Government. Petitioner had also prayed for a direction to the respondents to immediately pay the compensation to the petitioner for such lands. During the pendency of the petition, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act of 2013) was enacted. The petition was therefore amended and an additional prayer was made for declaration that in terms of Section 24(2) of the Act of 2013 the acquisition of the lands in question has lapsed.
3. These prayers arise in the following background.
4. Petitioner was the owner of several parcels of agricultural lands, including Revenue Survey Nos. 62/64, 62/67, 62/92, 62/135 and 62 paikee of Village Borij, Taluka & District Gandhinagar. When the father of the petitioner expired, the petitioner was a minor. Therefore, as can be seen from Form No. 6 of the lands in question, Collector, Mehsana, was appointed as the guardian of Shri Pushpendrasingh Ranjitsingh Vaghela. The Government of Gujarat desired to set up new capital at Gandhinagar, for which lands of agriculturists in various clusters of villages were required. For such purpose, in order to acquire various agricultural lands of Village Borij, Taluka & District Gandhinagar, preliminary notification under Section 4 of the Land Acquisition Act, 1894 (the Act of 1894) was issued on 10.03.1965. This notification included large number of agricultural lands of different owners. In so far as the petitioner is concerned, this notification included three Survey Nos. 62/64, 62/92 and 62/135 of Village Borij. A notification under Section 6 of the Act of 1894 was thereafter issued on 21.08.1965, which also included the above mentioned three survey numbers of the petitioner. In such notification, the Government invoked urgency clause under sub-section (1) of Section 17 of the Act of 1894 and proposed to take possession of the lands immediately without publishing award under Section 11 of the Act of 1894.
5. Though the actual notifications under Sections 4 and 6 of the Act of 1894 covering land bearing Revenue Survey Nos. 62/67 of the petitioner are not on record, from a panchnama dated 23.11.1965 of taking over possession of such land by the Government, it appears that such land was also part of the acquisition proceedings initiated by the Government at the relevant time. Likewise, the Government also took possession of the petitioner's lands bearing Revenue Survey Nos. 62/64, 62/92 and 62/135 drawing panchnama dated 23.02.1966. It is not clear when and how possession of the last of the land of the petitioner in question viz. Survey No. 62 paikee was taken over by the Government.
6. On 19.06.66 Shri Pushpendrasingh Ranjitsingh Vaghela became major. On 05.05.1968 therefore Collector, Gandhinagar, passed an order releasing all the lands of Pindarda State from the guardianship of the Collector. Collector noted that under an order dated 26.04.1949, on account of minority of Shri Pushpendrasingh Ranjitsingh Vaghela, the Collector was appointed as guardian under the Gujarat Court of Wards Act, 1963. Now that the said Shri Pushpendrasingh Ranjitsingh Vaghela has become major on 19.06.1966 all his lands of Pindarda St
