MEHTA RAMESHCHANDRA MANILAL Vs. SPECIAL LAND ACUISTION OFFICER

JUDGEMENT

(1.) . We have before us two sets of First Appeals. The first set of First Appeals is a group of 13 First Appeals i.e. First Appeals No. 2129 to 2134 of 1995 (6) and First Appeals No. 2136 of 1995 to 2142 of 1995 (7) filed on behalf of the lands owners - claimants. The other set of First Appeals is a group of 14 First Appeals i.e. First Appeal No. 2618 of 1995 to 2631 of 1995 filed by the Acquiring Body i.e. Gujarat Housing Board. These 13 First Appeals, as above, filed by the land owners i.e. claimants and the 14 First Appeals filed by the Acquiring Body i.e. Gujarat Housing Board, i.e. 27 Appeals in all, are all directed against the common judgment and award dated 29th of October, 1994, passed by the Joint District Judge, Ahmedabad (Rural) in land Acquisition Cases No. 633 of 1988 to 646 of 1988, Land Acquisition Case No. 641 of 1988 being the main case. The land owners claimants as well as the Acquiring Body are aggrieved against this Common judgment and order dated 29th of October, 1994.

(2.) The claimants have filed 13 Appeals being First Appeals No. 2129 of 1995 to 2134 of 1995 and First Appeals No. 2136 of 1994 to 2142 of 1995. It may be mentioned that there is no Appeal before us relating to the Reference Case No. 638 of 1988 and, therefore, there are only 13 First Appeals on behalf of the respondents claimants whereas the Acquiring Body - Gujarat Housing Board has filed 14 Appeals against all the 14 Reference Cases. Whereas all these 27 Appeals (13 by the land owners - claimants and 14 by the Acquiring Body) are directed against the common judgment and order dated 29th of October, 1994 and the same have been heard together and they involve common questions, we propose to decide all these 27 First Appeals by this Common Judgment and order as under.

(3.) The lands of the claimants of village Sanand, District Ahmedabad, were sought to be acquired at the instance of Gujarat Housing Board for the purpose of housing complex for its employees and officers and for that purpose the Notification u/s 4 of the Land Acquisition Act was issued on 9th September, 1984. Thereafter the Notification u/s 6 was issued on 20th October, 1986. The claimants had claimed the compensation before the Land Acquisition Officer at Rs. 200.00 per Sq. meter. The Land Acquisition Officer had passed the Award on 10th November, 1997 determining the rate of compensation to be Rs.20.00 per sq. meter for certain lands and Rs.22.00 per sq. meter for certain other lands, which were the subject matter of the acquisition under the same Noitification. The matter was taken to the Reference Court by the claimants and the Reference Court awarded additional compensation at the rate of Rs.50.00 per sq. meter i.e. the cases in which the compensation had been determined at the rate of Rs. 20.00 per sq. meter by the Land Acquisition Officer, the payable rate as per the Reference Court is Rs.70.00 per sq. meter and the cases in which the Land Acquisition Officer has determined the rate of Rs.22.00 per sq.meter, it comes to Rs.72.00 per sq.meter. While the claimants had claimed the compensation at the rate of 200.00 per sq.meter before the Reference Court, before this Court they have pressed their claims for Rs.100.00 per sq. meter as against the rate of Rs.70.00 and 72.00 per sq meter as determined by the Reference Court.The Acquiring Body on the other hand has challenged the impugned judgment and award dated 29th October, 1994 and has prayed that the award of compensation at the rate of Rs. 70.00 and Rs. 72.00 per sq. meter is excessive and that the judgment and award passed by the Reference court be set aside.