STATE OF GUJARAT Vs. MANILAL DHURABHAI PATEL

JUDGEMENT

(1.) In this group of 72 first appeals, under section 54 of the Land Acquisition Act, 1894 (Act), the appellant, State of Gujarat, has questioned the legality and validity of the common judgment and awards dated 30th December, 1999 in Land Reference Case Nos.625 to 709 of 1989, recorded by the Assistant Judge, Sabarkantha, at Himatnagar.

(2.) A few material skeleton projection of facts, may be highlighted, at this juncture, with a view to appreciate the merits of this group of appeals and challenge against it. The respondents are original-claimants whose lands came to be acquired for the purpose of Gohai Jalagar Yojana situated in village Chhapra, Tal: Himatnagar, Dist: Sabarkanth, pursuant to notification under section 4(1) of the Act published on 21.9.83 and followed by notification under section 6(1) published on 22.5.86. The objections raised by the owners of the land were heard and the Land Acquisition Officer declared his award on 31.3.87 and directed to pay compensation to the concerned person for the acquisition of their lands and houses at the rate of Rs.2 per sq. mtr. for land and different amounts in respect of superstructure.

(3.) The original-claimants being dissatisfied with the amount awarded by the Land Acquisition Officer, sought reference and at the their instance, references came to be made under section 18 of the Act to the District Court. All the references were consolidated and heard and decided by a common judgment by the reference Court. The references came to be, partly, allowed with proportionate costs and additional compensation of Rs.3 per sq. mtr. came to be awarded to the claimants. Thus, in all, the original claimants, respondents herein came to be granted an amount of Rs.5 per sq. mtr. in respect of their land acquired for the aforesaid purpose by the appellant. It is in this context, the appellant has invoked the powers of section 54 of the Act and has preferred this group appeals against the common judgment and award of the reference Court. The reference Court placed reliance on the oral evidence of the claimants and the documentary evidence produced in support of their claims. The reference Court has assigned reasons for increasing an amount of Rs.3 per sq. mtr. over and above the amount of Rs.2 granted by the Land Acquisition Officer for the fixity of the market price in para 11 of the impugned judgment.