LAWS(GJH)-2011-10-243

DEPUTY COLLECTOR AND ORS Vs. CHAVDA DIPUJI MOTIJI

Decided On October 10, 2011
Deputy Collector And Ors Appellant
V/S
Chavda Dipuji Motiji Respondents

JUDGEMENT

(1.) AS all the appeals arise from the common judgment and award passed by the Reference Court, they are being considered by this common judgment.

(2.) ALL the appeals arise against the common judgment and award passed by the Reference Court dated 16.07.2009 whereby the Reference Court has awarded additional compensation at Rs.290.50 per sq.mtr. plus statutory benefits of solatium, increase in the market value and the interest under sections 23(2), 23(1A) and 28 of the Act respectively.

(3.) THE short facts are that the lands at village Rangpur, Taluka Mansa were to be acquired for the project of Sujlam Suflam Spreading Canal 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 10.11.2004. The award was passed under section 11 of the Act on 28.2.2005 and the Special Land Acquisition Officer granted compensation at Rs. 9.50 sq.mtr. As the claimants were not satisfied with the compensation they raised dispute and demanded compensation at Rs.500/ - per sq. mtr. Such disputes were referred to the Reference Court for adjudication being Land Reference No. 139 of 2006, 146 of 2006 and 150 of 2006 to 162 of 2006. The Reference Court at the conclusion of the Reference passed the above referred judgment and award. Under the circumstances, the present appeals before this Court.