STATE OF GUJARAT Vs. MAFATBHAI JETHABHAI RABARI

JUDGEMENT

(1.) As all the matters are pertaining to the same acquisition for the land at village Dharusana, they are being considered by the common judgement.

(2.) It appears that for the acquisition of the lands in question, the notification under section 4 of the Land Acquisition Act (hereinafter referred to as the Act ) was published on 03.07.2004. Thereafter, the notification under section 6 of the Act was published on 09.02.2005. The Land Acquisition Officer after giving notice to the claimant awarded compensation at Rs.7/- per square metre. As the claimants were not satisfied with the compensation, they raised dispute, which ultimately came to be referred to the Reference Court for adjudication. The reference court has awarded compensation at Rs.240/- per square metre and has also awarded the compensation for Rs.700/- per lemon plant in group of First Appeals No.485/10 to 500/10, whereas in the group of First Appeals No.1330/10 to 1336/10, as well as in the group of First Appeals No.1572/10 to 1579/10, in addition to the compensation for the amount at Rs.250/-, the reference court has awarded compensation at Rs.1000/- per lemon plant and Rs.700/- per ardusa tree. In all the matters Reference Court has awarded statutory benefit of the solatium and increase of the amount as well as the interest as per the statutory provisions. It is under these circumstances, the present appeals before this Court.

(3.) We have heard Mr. Trivedi, learned Additional Government Pleader for the appellant and Mr. A.V. Prajapati for original claimants in all the matters.