STATE OF GUJARAT Vs. NANJI JINA

JUDGEMENT

(1.) This group of 52 Appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Civil Procedure Code, 1908, is directed against the common judgment and order dated 1st April, 1999 passed by the Jt. District Judge at Junagadh, in Land Reference Cases No. 170/87 to 175/87 with regard to village Dadar; 144/87 to 147/87 and 188/91 with regard to village Chiroda; 148/87 to 154/87 and 176/87 with regard to village Monia; 155/87 to 169/87 with regard to village Jamvala, 99/88 to 100/88 and 203/88 with regard to village Jamka; 137/88 to 151/88 with regard to village Motikhodiyar. First Appeals No. 7990/99 to 7995/99 arise out of the decision in Reference Cases No. 170/87 to 175/87; First Appeals No. 7996/99 to 7998/99 arise out of Land Reference Cases No. 144/87 to 147/87 and 188/91; First Appeals No.7099/99 to 8008/99 arise out of Land Reference Cases No. 148/87 to 154/87 and 176/87; First Appeals No. 8009/99 to 8021/99 arise out of Land Reference Cases No. 155/87 to 169/87, First Appeals No. 9024/99 to 9026/99 arise out of Land Reference Cases No. 99/88 to 100/88 and 203/88 and First Appeals No. 9027/99 to 9041/99 arise out of Land Reference Cases No. 137/88 to 151/88.

(2.) For acquiring the lands of the aforesaid six villages, namely, Dadar, Chiroda, Monia, Jamvala, Jamka and Motikhodiyar in District Junagadh for the purpose of Visavadar Mendarda Road Project Scheme, the Notifications u/s 4 were issued on 13.11.80, 01.01.1981, 21.11.980, 1.1.1988, 29.5.1987 and 30.9.1982. Thereafter the Notification u/s 6 was issued and thereafter the concerned Land Acquisition Officer passed the Award in each of these groups for the different villages on 12th May, 1983, 21st June, 1982, October 82, 16th June, 1982 and 15th May, 1986 read with the corrigendum 13th March, 1987, respectively.

(3.) The depositions made by the witnesses at Exh. 22 and Exh. 52 for the village Dadar; Exh. 24, Exh. 35 and Exh. 36 for village Chiroda; Exh. 13 for village Monia; Exh. 71, Exh. 89, Exh. 93, Exh. 87 and Exh.88 i.e. sale deed dated 15.5.81 for village Jamvala; deposition Exh. 26 for village Jamka and depositions Exh. 15, Exh. 68 deposition Exh. 69 and the document at Exh. 70 i.e. Sale Deed dated 16.11.81 for the village Moti Khodiyar were relied upon by the court which decided the reference cases.