SPECIAL LAND ACQ OFFICER Vs. ZALA LAXMANSINH ADESINH

JUDGEMENT

(1.) AS all the appeals arise from the common judgement and award of the reference court, they are being considered by this common judgement.

(2.) THE relevant facts are that lands at Akba, Taluka Chanasma, District Patan were to be acquired under the Land Acquisition Act (hereinafter referred to as 'the Act'). THE Notification under Section 4 of the Act was published on 3.8.2001 and the Notification under Section 6 of the Act was published on 2.8.2002. THEreafter the award was passed by the Special Land Acquisition Officer on 31.7.2003 under Section 11 of the Act, whereby the Special Land Acquisition Officer had awarded compensation at Rs.2.86 per sq. mtrs., for non-irrigated lands and Rs.4.29 per sq. mtrs., for irrigated lands. As the claimants were not satisfied with the compensation, they raised the disputes under Section 18 of the Act, and demanded compensation at Rs.200/- per sq. mtrs. Such disputes were referred to the Reference Court being Land Reference Case Nos.617 of 2003 to 638 of 2003. THE Reference Court, at the conclusion of the reference, passed the aforesaid judgement and award, awarding compensation of Rs.45 per sq. mtrs. Under these circumstances, the present appeals before this Court.

(3.) HOWEVER, the learned Counsel appearing for both the sides drew our attention to the earlier decision of the Division Bench of this Court dated 11.1.2007 in First Appeal No.3169 of 2006 to 3182 of 2006, wherein for the acquisition of the land at the very village Akba, in a case wherein Notification under Section 4 of the Act was published on 23.6.1993, the Reference Court had passed the award against, which appeals were preferred before this Court and this Court held that the claimants would be entitled to the compensation of Rs.20/- per sq. mtrs. Further, based on the aforesaid decision of this Court in the First Appeal No.1984 of 2009 in a case where Notification under Section 4 of the Act was published on 10.7.2001 for acquisition of the lands at the very village Akba, the Reference Court had passed the award for compensation at Rs.42.79 per sq. mtrs.,against which the aforesaid appeals were preferred before this Court being First Appeal No.1984 of 2009 and others and the learned Single Judge of this Court, by relying upon the earlier decision of the Division Bench of this Court in First Appeal No.3169 of 2006 to 3182 of 2006 fixed the compensation in all at Rs.36/- per sq. mtrs. We may state that in the group of First Appeals No.3169 of 2006 to 3182 of 2006 decided on 11.1.2007, this Court recorded the relevant reasonings at paragraphs 8 and 9 as under:-