PEMJI NATHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL these appeals involve common questions on law and facts and therefore, they are disposed of by this common judgment. These appeals have been filed against the judgment and award passed by the learned Civil Judge (SD) Junagadh in Land Acquisition Reference Case Nos.1/2000 to 15/2000 dated 30.12.2000, whereby, the said references were dismissed.

(2.) THE facts in brief are that the competent authority in the defendant-State proposed to acquired lands situated in the sim of Village Babartirath for the purpose of Mendarda Amrapur Road Scheme. THE Notification u/s.4 of the Land Acquisition Act, 1894 came to be published on 04.03.1982 and Notification u/s.6 of the said Act came to be published on 07.101982. After following due procedure, the competent authority passed award dated 31.05.1983. Being aggrieved by the said award, the claimants raised dispute, which, ultimately, culminated into references before the Court below. After hearing both the sides, the reference Court dismissed the references by passing the impugned award. Against the said judgment and award, the appellants-original claimants has preferred the present appeals.

(3.) LOOKING to the facts of the case, it would be relevant to refer to the decision of the Full Bench rendered in the case of Special Land Acquisition Officer, Himatnagar v. Nathaji Kacharaji reported in 2001(3) GLH 312, wherein in para 11 the Court has observed as under :-