SPECIAL LAND ACQUISITION OFFICER Vs. RAMANBHAI HARIBHAI

JUDGEMENT

(1.) These appeals are preferred under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) read with Section 96 of the Civil Procedure Code.

(2.) In view of the order passed by Division Bench on 26.7.00, the Record and Proceedings were ordered to be called for and these appeals were ordered to be fixed for final hearing. The short and only question raised by the learned A.G.P. appearing in the matter is that the amount of compensation awarded is excessive and, relying on the award made by the Civil Judge (S.D.) Godhra, the Reference Court has committed an error in awarding the compensation. The learned advocates requested to dispose of the appeals on a short ground; namely the decision with respect to the lands situated at Katol has been delivered by Reference Court earlier and has been confirmed on 23.4.01, in appeals preferred by the State.

(3.) The lands in question covered under the first group of appeals being F.A.Nos. 1221 of 2000 to 1229 of 2000 are situated at village Boru, Taluka :Kalol, District :Panchmahals. Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published on 2.10.86. The Land Acquisition Officer, by an award dated 16.11.89, awarded compensation at the rate of Rs. 1.50 ps. per sq.mtr. for binpiyat land and Rs.2.25ps. per sq.mtr for piyat land. After following the procedure laid down in the Act, the lands were acquired and therefore the procedural aspects are not required to be considered. The Reference Court on appreciation of evidence, oral and documentary determined the market price and held that the claimants are entitled to claim Rs.12.00 per sq.mtr. in addition to what was awarded.