NAGINBHAI AMBALALBHAI PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard learned Advocate Mr. B. S. Patel on behalf of petitioners. The main Spl.C.A. No. 6518 of 2010 filed by one petitioner Naginbhai Ambalalbhai Patel challenging award passed by 5th Additional District Court, Baroda in Land Reference Case No. 46 of 2003 and other matters of 106 applicants. Therefore, subsequently one page petition was filed as permitted by this Court by order dated 22-9-2010. Therefore, except Spl.C.A. No. 6518 of 2010, rest of matters are being one page petition.

(2.) Learned A.G.P. Mr. A. L. Sharma is appearing on behalf of Special Land Acquisition Officer and learned Senior Advocate Mr. M. R. Bhatt with learned Advocate Ms. M. M. Bhatt appearing for respondent No. 2. The affidavit-in-reply is filed by respondent No. 2 page 103 dated 15-7-2010. No rejoinder is filed by petitioner and no reply is filed by respondent No. 1. In group of petitions, order passed by 5th Additional District Court at Baroda in Reference Application as per Sec. 10 sub-sec. (2) of Petroleum and Minerals Pipelines (Acquisition of Right of Users in Land) Act, 1962 dated 15-5-2009 is under challenged in group petitions. The Additional District Court, Baroda has partly allowed an application made by petitioner. The market value of land belong to applicants acquired as right of users is fixed Rs. 7,25,000/- per Hectare on the date of notification under Sec. 3(1) of Act. The Competent Authority has been directed to give additional compensation of land acquired as Right of Users as per market value fixed by Additional District Court, Baroda along with interest at the rate of 6% per annum from date of application till realization of awarded amount. The applicants are directed to pay Court-fees according to Court-fees Act on the additional amount of compensation as per this order on or before 30-6-2009. The deficit Court-fee is to be deducted from awarded amount if not paid earlier. The order regarding disbursement or otherwise will be made later.

(3.) The brief facts of present petition as per list of events are as under :