POPATBHAI VITHALBHAI PATEL Vs. SPECIAL LAND AQUASITION OFFICER

JUDGEMENT

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

(2.) THE relevant facts are that the lands at village Vavol were to be acquired for the development of the capital project under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). Notification under section 4 of the Act was published on 13.8.1992. Notification under section 6 of the Act was published on 9.3.1993. THE Award was passed under section 11 of the Act on 10.4.1994 and the Special Land Acquisition Officer awarded compensation at Rs.32/- per sq.mtr. As the claimants were not satisfied with the compensation they raised dispute under section 18 of the Act and demanded compensation at Rs.1,000/- per sq.mtr. Such disputes were referred to the Reference Court being Land Acquisition Case No. 892 of 1998 and allied matters. THE Reference Court at the conclusion of the reference awarded additional compensation at Rs.178/- per sq. mtr. plus statutory benefit of increase in the market value under section 23(1A), solatium under section 23(2) and interest under section 28 of the Act vide common judgment dated 18.12.2003. Under the circumstances, the present Appeals before this Court, by the original claimants.

(3.) WE have heard Mr.A.J.Patel, learned Advocate for the appellants and Ms. Moxa Thakkar, learned Assistant Government Pleader for the respondents. WE have considered the judgment and reasoning recorded by the Reference Court. WE have considered the Record and Proceedings.