SPECIAL LAND ACQUISITION OFFICER Vs. THAKOR BABUJI GALAJI

JUDGEMENT

(1.) In this group of six appeals u/S. 54 of the Land Acquisition Act, 1894 (Act) common questions arise from common judgment and award of the Reference Court in LAR No. 301 to 306 of 1999 dated 30/11/1995, therefore, they are being disposed of by common judgment.

(2.) A few material facts giving rise to this group of six appeals may be highlighted at first. The appellants have challenged the common judgment and award as stated above whereby the market value came to be fixed at the rate of Rs.90.00 per sq. mtr. in respect of lands acquired for the public purpose of the ONGC situated at village Saij, Taluka Kalol of Mehsana District, pursuant to the notification u/S. 4(1) of the Act published on 6/1/1984 and followed by notification u/S. 6(1) of the Act published on 24/11/1986. After observing necessary formalities u/S. 9 and hearing the claimants, the Land Acquisition Officer by his award dated 6/10/1980 offered the compensation of Rs.6.00 per sq. mtr. The original claimants being dissatisfied by the award of the Land Acquisition Officer sought reference and accordingly the references were made to the District Court, Mehsana.

(3.) The Reference Court by common judgment, after considering entire documentary and viva-voce evidence and mainly relying on the award of Court in LAR Case No. 312/1990 dated 31/7/1995 Exh.26 enhanced the market valuer of the lands under acquisition at the rate of Rs.90.00 per sq. mtr. against the claim of Rs.200.00 per sq. mtr. of the claimant. Being dissatisfied by the award of the Reference Court, the Special Land Acquisition Officer, ONGC has challenged its legality and validity in this group of six appeals.