STATE OF GUJARAT Vs. KALUBHA KESHUBHAI

JUDGEMENT

(1.) THE present appeal is filed under section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act') against judgment and award passed under section 18 of the Act by learned Assistant Judge, Amreli dated 28.08.1998 in Land Reference Case No.53/1997. THE land situated at Amreli being Survey No.40/5/A has been acquired for the public purpose of "THEbi Irrigation Project" by the State of Gujarat. THE notification, as contemplated under section 4 of the Act, was published on 20.02.1993 and section 6 notification was published on 06.05.1993. THE Land Acquisition Officer, after following the procedure as contemplated under the Act, made and declared award under section 11(1) of the Act on 28.02.1995. THE Land Acquisition Officer under the said award, after considering the sale instances and evidence adduced before him awarded compensation of Rs.70/sq.mtr. for non-agricultural lands. As the original claimants were dissatisfied with the award, they raised the disputes as contemplated under section 18 of the Act, which were referred by the Land Acquisition Officer to District Court, Amreli and the same came to be registered as Land Reference Case No.53/1997. THE Reference Court, after hearing the parties concerned, vide judgment and award dated 28.08.1998 allowed the said reference and ordered to pay additional compensation of Rs.400/sq.mtr. by way of compensation to the claimants. Being aggrieved by the same, the present appeal is preferred.

(2.) THE relevant factual aspect relating to the aforesaid land references are enumerated as under: At the outset, it may be noted that for the very public purpose i.e. THEbi Irrigation Project, the appellants have acquired large chunk of lands falling within the catchment area of the said scheme by different notifications, which were subject matter of appeals before this Court and ultimately also before the Apex Court. THE Apex Court in the case of Deputy Collector, Land Acquisition, Gujarat and Anr. Vs. Madhubhai Gobarbhai and Anr., (2009) 15 SCC 125 has determined the market value of the lands of village Baxipur, Giriya as well as Amreli.

(3.) AS against this, learned counsel Mr.Bhatt appearing on behalf of the respondents-original claimants pointed out that as per the judgment of Apex Court in the case of Deputy Collector, Land Acquisition, Gujarat and Anr. (supra), the Apex Court has considered the geographical location of the lands under acquisition. It was further submitted that the Apex Court has, while dividing the lands under acquisition in three groups, has held in Paragraph Nos.4 and 5 that the lands which fall within Western side of River Thebi fall within Group-I, whereas lands which are situated in Eastern side of River Thebi i.e. of Village Giriya would fall within Group-II and lands of Amreli which are in the developed area would fall within Group-III. It was, therefore, submitted that the lands in question of the original claimant would fall under Group-III, as per the aforesaid judgment of the Apex Court.