LAWS(GJH)-2010-5-308

DISTRICT PANCHAYAT MEHSANA Vs. PATEL VITHALDAS JORDAS

Decided On May 06, 2010
District Panchayat Mehsana Appellant
V/S
Patel Vithaldas Jordas Respondents

JUDGEMENT

(1.) IN present group of appeals, District Panchayat, Mehsana is the appellant (hereinafter referred to as the "appellant -Panchayat"). The appellant -Panchayat has preferred present appeals against the award dated 23.02.1995 passed by the 2nd Joint District Judge, Mehsana in Land Reference Cases Nos.234/1990 to 251/1990 whereby the learned Reference Court has directed the original opponents i.e. State of Gujarat/appellant -Panchayat to pay compensation at the rate of Rs.105/ - per sqr. mtr. along with statutory benefits. Aggrieved by the said directions, the appellant -Panchayat has preferred above mentioned appeals.

(2.) THE facts giving rise to present appeals can be summarized as follows.

(3.) FOR the purpose of laying down Unjha -Vadnagar -Ladol Road in District Mehsana, certain parcels of lands were required. Hence, for the said public purpose, a Notification contemplated under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act") came to be issued on 11th June, 1981, which was followed by Section 6 Notification dated 20.03.1982. The acquisition proceedings in pursuant to the Notification were carried out and after completing necessary procedure and formalities, the Land Acquisition Officer passed award, contemplated under Section 11 on 25th March, 1983. The original claimants appear to have alleged that any intimation about declaration of the award was not served and any notice contemplated under Section 12(2) of the Act was also not served and that the original claimants did not know anything about the award i.e. either about its declaration or its contents. They also claimed that when they came to know about the details of the award, it was noticed that the compensation awarded by Section 11 award was very meager and inadequate. The original claimants believed that in view of the quality, location and potential of their lands, they were entitled to compensation at least at the rate of Rs.200/ - per sqr. mtrs. The claimants therefore, submitted application/s to the Competent Authority and sought reference under Section 18. The Competent Authority made orders of reference which culminated into above mentioned Land Reference Cases Nos.234/1990 to 251/1990. Before the learned Reference Court, the claimants assailed the award as inadequate, unjust and unreasonable. The claimants contended that the market value for the lands in question ought to have been fixed at least at Rs.200/ - per sqr. mtrs. and compensation should have been awarded accordingly.