STATE OF GUJARAT Vs. JETHABHAI DEVABHAI

JUDGEMENT

(1.) As in all the matters, common question arises for consideration, they are being considered by this common judgment.

(2.) The relevant facts are that in the group of First Appeals No. 808 to 826/10 with Cross Objections No. 138/11 to 156/11, the lands were acquired at village Malvan for the project of Branch of Narmada Canal under the Land Acquisition Act (hereinafter referred to as 'the Act'). The notification under Section 4 of the Act was published on 30.08.1991 and the notification under Section 6 of the Act was published on 12.04.1993. The Land Acquisition Officer had passed the award on 26.12.1994 under Section 11 of the Act, whereby he granted compensation at Rs. 0.75 for non-irrigated land and Rs. 1.12 ps for irrigated land. As the claimants were not satisfied with the compensation, they raised the dispute under Section 18 of the Act demanding Rs. 100/- per square metre. The said disputes were referred to the Reference Court for adjudication being Land Reference Case Nos. 565/99 to 563/99. The Reference Court at the conclusion of the Reference assessed the market price of the land at Rs. 10/- per square metre and awarded the compensation accordingly. The Reference Court awarded additional compensation of at Rs. 8.75 for irrigated land and Rs. 9.25 for non-irrigated land. Additionally, the Reference Court awarded statutory benefit of increase in the price under Section 23(1A) of the Act, solatium under Section 23(2) of the Act and interest under Section 28 of the Act. It is under these circumstances, the present appeal before this Court. We may record that the original claimants have preferred Cross Objections in the present appeals being Cross Objections No. 138/11 to 156/11 for enhancement of compensation.

(3.) In the group of First Appeals No. 1687/10 to 1705/10 with Cross Objections No. 158/11 to 176/11, the relevant facts are that the land at village of Akhiyana for the very project was acquired under the Land Acquisition Act. The notification under Section 4 of the Act was published on 20.08.1992 and notification under Section 6 of the Act was published on 16.07.1993. The award was passed by the Land Acquisition Officer on 11.08.1994 under Section 11 of the Act and he awarded compensation at Rs. 0.56 for non-irrigated land and Rs. 0.84 for irrigated land. As the owners of the lands/original claimants were not satisfied with the compensation, they raised the dispute under Section 18 of the Act and demanded compensation of Rs. 70/- per square metre. The said disputes were referred to the Reference Court for adjudication being Land Reference Case Nos. 481/99 to 499/99. The Reference Court at the conclusion of the Reference awarded compensation at Rs. 9.16 for irrigated land and Rs. 9.44 for non-irrigated land and additionally the Reference Court has awarded statutory benefit under Section 23(1A) of the Act for increase in the price, solatium under Section 23(2) of the Act and the interest under Section 28 of the Act. It is under these circumstances, the present appeal before this Court. The original claimants have preferred Cross Objections No. 158/11 to 176/11 for enhancement of compensation.