DY COLLECTOR Vs. PATEL JASHODABEN VITTHALBHAI

JUDGEMENT

(1.) Admit.[2] Mr. Prajapati, learned counsel appears for all the original claimants-respondents herein and waives notice of admission. With the consent of the learned counsel appearing for both the sides appeals are finally heard.

(2.) The short facts of the case are that for the project of Sujlam Suflam Spreading Canal the lands at village Lodra were acquired under the Land Acquisition Act (hereinafter referred to as the 'Act'). Notification under section 4 of the Act was published on 17.08.2004. Notification under section 6 of the Act was published on 09.11.2004. The award under section 11 of the Act was published on 28.03.2005 whereby the Special Land Acquisition Officer awarded the compensation at Rs.16/- per sq mtr. The land owners/claimants were not satisfied with the compensation and they have raised dispute under Section 18 of the Act demanding compensation at Rs.1500/- per sq mtr. and the disputes were referred to the Reference Court for adjudication being Reference No.191 of 2006 to 198 of 2006, 212 of 2006 to 233 of 2006, 239 of 2006 to 252 of 2006 and 514 of 2006. The Reference Court ultimately at the conclusion of the reference awarded additional compensation of Rs.284 (Rs.300 minus Rs.16 already paid as per award). The Reference Court also awarded solatium at the rate of 30%, increase on the market value at the rate of 12% and interest as per section 28 of the Act by the impugned award dated 25.05.2009. It is under these circumstances the present appeals before this Court.

(3.) We have heard the learned Assistant Government Pleader Ms.Moxa Thakkar for the appellants and Mr.A.V.Prajapati, learned counsel appearing for the respondents/original claimants. We have considered the judgment and the reasons recorded by the Reference Court and we have also considered the map, the award and other relevant documents which have been made available to the Court by learned counsel appearing for both the sides at the time of hearing.