EXECUTIVE ENGINEER Vs. PUNJABHAI SHABHAI RATHOD

JUDGEMENT

(1.) Heard learned AGP Mr.Anand Sharma appearing on behalf of appellants and learned advocate Mr.Vijay N.Raval appearing on behalf of original claimants.

(2.) The appellant has challenged award passed by learned Civil Judge (Senior Division), Panchmahals at Godhra in Land Reference Case No.134/96 to 145/96 and 12/97 to 13/97 are consolidated with Land Reference Case No.134/96 decided on 30.4.2005 at Exh.34. The Reference Court has awarded Rs.9/- per sq.mtr being additional amount of compensation in favour of claimants with other statutory consequential benefits.

(3.) The lands of original claimants situated in the outskirt of Village Jhantral, Taluka Kalol, District Panchmahals were acquired for the project of Narmada Main Canal, Unit 15. The notification under Section 4 was published on 21.5.1992, whereas Section 6 notification was published on 21.1.1993. The Land Acquisition Officer has passed an award on 28.2.1994 and awarded compensation Rs.2.20 per sq.mtr for non-irrigated land and Rs.3.30 per sq.mtr for irrigated land. The claimants aggrieved by the aforesaid award passed by Land Acquisition Officer, therefore reference was made under Section 18 of the Land Acquisition Act demanding Rs.40/- per sq.mtr from appellants.