SPECIAL LAQ OFFICER Vs. KANUBHAI SHANKARBHAI

JUDGEMENT

(1.) As in both groups of appeals common judgment and award is under challenge and common questions arise for consideration, they are being considered by this common judgment.

(2.) The relevant facts are that the lands at village Vadachha, Taluka Amod, District Bharuch were to be acquired for the Amod Sub Canal of Narmada Project under the Land Acquisition Act (herein after referred to as 'the Act'). Notification under section 4 of the Act was published on 30.6.1993. Notification under section 6 of the Act was published on 2.9.1994. The award under section 11 of the Act was passed by the Special Land Acquisition Officer on 29.10.1994 and he awarded compensation at Rs.2.25 per sq.mtr. (Rs.225/- per Are) for irrigated land and Rs.1.50 per sq. mtr. (Rs.150/- per Are) for non irrigated land. As the claimants were not satisfied with the compensation they raised the dispute under section 18 of the Act and demanded compensation at Rs.2.80 per sq.mtr. Such disputes were referred to the Reference Court for adjudication being Land Reference Case No. 695 of 1996 to 708 of 1996. The Reference Court at the initial stage vide judgment and award dated 15.2.2005 had found that the disputes under section 18 were raised after the expiry of the period of limitation of six months and therefore the References were barred. However, the pertinent aspect is that in the said judgment and award the Reference Court had also simultaneously decided the quantum of market value of the land at Rs.400/- per Are (Rs.4.00 per sq.mtr.) for non irrigated land and Rs. 600/- (Rs. 6 per sq. mtr.) for irrigated land. But as the disputes were found to be time barred all the References were dismissed. It further appears that the original claimants preferred Review Application being Civil Misc. Application Nos. 89 of 2005 to 102 of 2005 before the Reference Court on the ground that the binding decision of the Apex Court on the aspects of limitation could not be brought to the notice of the Reference Court and therefore, the review was prayed. The Reference Court below the said application for review vide order dated 9.5.2005 ultimately allowed the Review Application. Thereafter, since the Review Applications were allowed the References were considered and the awards were passed on 15.2.2005 whereby the Reference Court awarded compensation at Rs.400/- per Are (Rs.4/- per sq. mtr.) for non irrigated land and Rs.600/- per Are (Rs.6/- per sq. mtr.) for irrigated land. Additionally the Reference Court awarded solatium under section 23(3) of the Act and further awarded interest as per section 28A of the Act. Under the circumstances, the present appeals before this Court.

(3.) We may record that First Appeal Nos. 5072 of 2007 to 5082 of 2007 have been preferred by the Special Land Acquisition Officer and another against the order in review passed by the Reference Court and thereafter the consequential award for granting of compensation by the Reference Court. Whereas the First Appeal Nos. 4833 of 2008 to 4846 of 2008 have been preferred by the original claimants for enhancement of the compensation.