STATE OF GUJARAT Vs. BABUBHAI DUNGARBHAI GAJERA

JUDGEMENT

(1.) THE present appeals are filed under section 54 of the Land Acquisition Act, 1894 (hereinafter to be referred to as 'the Act') against common judgment and award passed under section 18 of the Act by learned Assistant Judge, Amreli dated 01.01.1999 in Land Reference Case Nos.106/94, 107/94, 108/94 and 110/94. THE lands situated at Amreli have 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 13.09.1990 and section 6 notification was published on 01.08.1991. 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 14.09.1993. THE Land Acquisition Officer under the said award, after considering the sale instances and evidence adduced before him awarded compensation of Rs.12/sq.mtr. for non-irrigated lands and Rs.20/sq.mtr. for irrigated lands and Rs.40/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 to District Court, Amreli and the same came to be registered as Land Reference Case Nos.106/94, 107/94, 108/94 and 110/94. THE Reference Court passed an order of consolidation of all the references, considering Land Reference Case No.106/1994 as main reference. THE Reference Court, after hearing the parties concerned, vide judgment and award dated 01.01.1999 allowed the said references and ordered to pay additional compensation of Rs.160/sq.mtr. in First Appeal No.4448 of 1999 (arising out of Land Reference Case No.107 of 1994) and Rs.240/sq.mtr. in First Appeal Nos.4447/1999, 4449/1999 and 4450/1999 (arising out of Land Reference Case Nos.106/1994, 108/1994 and 110/1994) to the claimants. Being aggrieved by the same, the present appeals as well as civil applications and cross-objections are preferred. THE relevant factual aspect relating to the aforesaid land references are enumerated as under:

(2.) THE State of Gujarat issued diverse notifications for acquisition of a huge tract of lands for construction of a dam over a river known as 'THEbi'. THE lands sought to be acquired were spread over in three villages, namely, Amreli, Baxipur and Giriya. Whereas villages Amreli and Baxipur are situated on the western side of river and within the municipal limit of the town of Amerli; village Giriya is on the eastern bank thereof and outside the municipal limit of the said town Amreli. Amreli is the headquarters of the District Amreli. It is a well developed town. A National Highway known as "Amreli - Chittal Road" passes through the town of Amreli. THE residents of the town enjoy the facilities of transportation, hospitals, schools, colleges, telephone, etc.

(3.) SO far as the lands situate within the Amreli town, which is within the municipal area and situate on the eastern side of the river comprising of residential and commercial area which was developed since 1984, are concerned; the Land Acquisition Officer awarded compensation at the rate of Rs.50/- per square meter in respect of agricultural lands, but the Reference Court and the High Court awarded compensation at the rate of Rs.160/- per square meter of land. For the same area in respect of non-agricultural lands, the Land Acquisition Officer awarded compensation at the rate of Rs.150/- per square meter whereas the Reference Court as also the High Court awarded compensation at the rate of Rs.240/- per square meter. FOR GROUP-I