KALUBHAI VAGHJIBHAI Vs. DY. COLL. LAND ACQ. JUNAGADH

JUDGEMENT

(1.) This appeal is directed against the common judgment and award dated 09.03.2018 passed by the learned Principal Senior Civil Judge, Amreli in Land Reference Cases no. 104 to 107 of 1999 under Section 96 of the Code of Civil Procedure r/w Section 54 of the Land Acquisition Act, 1894.

(2.) The present appeal arises out of Land Reference Case no. 104 of 1999. The lands belonging to the original appellant situated at Village Nana Bhandariya came to be acquired for the public purpose of Vadi Irrigation Project.

(3.) A notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for the sake of brevity) was published on 11.4.1996 and the declaration under Section 6 of the Act was published on 04.07.1996 after following the procedure as prescribed under the Act. As per Section 9(3)(4) of the Act, the Land Acquisition Officer made and declared the award as provided under Section 11(1) of the Act on 17.07.1998. The Land Acquisition Officer determined the market value of the lands acquired for the said public purpose at Rs.10.50 per sq. mtr. for Bagayat land and Rs.7 per sq. mtr. for Jirayat land. The appellants, being dissatisfied with the award made by the Land Acquisition Officer, preferred an application for Reference as provided under Section 18 of the Act and claimed Rs.400/- per sq. mtr. for the lands acquired and the same came to be registered as Land Reference Case no. 104 of 1999 before the Court of learned Principal Senior Civil Judge, Amreli. The other land owners, whose lands situated at Village Nana Bhandariya, which were acquired for the same public purpose, also preferred application under Section 18 of the Act which were also referred to the Reference Court and came to be registered as Land Reference Cases no. 104 to 107 of 1999. All the Land Reference Cases were consolidated and same set of evidence came to be adduced by the appellants, land owners and the respondents herein before the Reference Court. The Reference Court was pleased to frame issues at Exh.8 treating Land Reference Case no. 104 of 1999 as the lead Land Reference Case. The appellants - claimants adduced documentary evidences below Exhs. 21 to 27, 32 and 36, as enumerated by the Reference Court in the impugned judgment and award at Paragraph 12. The appellant examined one Shri Vijaykumar Prataprai Joso - applicant of LAR No. 106 of 1999 at Exh. 28 as well as one Shri Manabhai Danabhai at Exh. 37. The acquiring body examined one Pravinchandra Ambabhai Govani who was working as Deputy Collector and Land Acquisition Officer at Exh.87 and also relied upon two sale deeds at Exh. 93 and 94.