STATE OF GUJARAT Vs. AMAJI MOHANJI THAKORE

JUDGEMENT

(1.) As, in all the matters, common questions arise for consideration, they are being considered by this common judgement.

(2.) In First Appeal Nos.1754 of 2010 to 1758 of 2010, Notification under Section 4 of the Land Acquisition Act, (hereinafter referred to as 'the Act' for short) was published on 3.7.2004 for the purpose of 'Sujlam Suflam' Spreading Canal for acquisition of the land in question at Village Kherwa. Thereafter, the Notification under Section 6 of the Act was published on 26.8.2004. The Special Land Acquisition officer passed the award on 30th September, 2004, whereby the compensation was awarded at Rs.18.10 per sq. mtrs., which the claimants accepted the award under protest. The claimants thereafter as were not satisfied with the award raised the dispute, which ultimately came to be referred to the Reference Court for adjudication and the claimants claimed the compensation at Rs.2,000/ - and Rs.1,000/ - per sq. mtr., for different lands. The Reference Court ultimately passed the judgement and awarded compensation at Rs.253/ - sq. mtrs., over and above the compensation awarded by the Special Land Acquisition Officer plus the statutory benefit and Rs.1,000/ - per Lemon plant.

(3.) In First Appeal Nos.1880 of 2010 to 1890 of 2010, Notification under Section 4 of the Act was published on 3.7.2004 for the purpose of 'Sujlam Suflam' Spreading Canal for acquisition of the land in question at Village Kherwa. Thereafter, the Notification under Section 6 of the Act was published on 26.8.2004. The Special Land Acquisition officer passed the award under Section 11 of the Act on 30th September, 2004, whereby the compensation was awarded at Rs.18.10 per sq. mtrs. The Reference Court, in the impugned order dated 5.4.2008 has awarded additional compensation of Rs.253/ - per sq. mtr., plus statutory benefit of interest and solatium.