STATE OF GUJARAT Vs. DAVE KANAIYALAL CHHAGANLAL

JUDGEMENT

(1.) These First Appeals are filed by the State against the common judgment and award dated 31st March, 2005 passed by the learned Civil Judge(S.D.), Bharuch, in Land Reference Cases Nos.1692 to 1996 of 1998. As there are identical facts involving common question of law, we decide all these five First Appeals by this common judgment and order.

(2.) All these lands situated in sim of village Karena, Ta. Amod, Dist. Bharuch were acquired for public purpose of Karena Minor Division-1 Canal under a notification under Sec.4 of the Land Acquisition Act (hereinafter referred to as`the Act') on 2-8-1995. Thereafter, a notification under Sec.6 was issued on 14-12-1995. The Land Acquisition Officer vide judgment and award dated 30-8-1996 awarded compensation at the rate of Rs.3.10 per sq.mtr. i.e. Rs.310/- per Are for the irrigated land and Rs.2.06 per sq.mtr. i.e. Rs.206/- per Are for non-irrigated land. Being dissatisfied with the said award, these claimants moved references under Sec.18 of the Act and the Reference Court vide impugned common order dated 31-3-2005 granted additional compensation at the rate of Rs.37/- per sq.mtr. Being aggrieved by the same, present appeals are filed by the State.

(3.) Heard learned Additional Government Pleader Mr. N.J.Shah for the appellants and learned advocate Mr. K.M. Sheth for the respondents claimants in all these appeals.