PATEL KACHARABHAI ISHVARLAL Vs. SPL LAQ OFFICER

JUDGEMENT

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

(2.) THE relevant facts are that for the project of Dharoi Canal, lands at village Paldi and at village Visnagar were to be acquired under the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). Notification under Section 4 of the Act was published on 5.9.1985. Notification under Section 6 of the Act was published on 3.9.1987. THE award was passed by the Special Land Acquisition Officer on 27.9.1989 and he had awarded compensation at Rs.3.80 per square meter for the land located at village Visnagar, whereas for the land located at village Paldi, he awarded compensation at Rs.3.20 per square meter.

(3.) WE have heard Mr.Patel, learned advocate appearing for the appellants in all these appeals and Ms.Thakkar, learned AGP for the Special Land Acquisition Officer " respondent herein in all these appeals and considered the record and proceedings. 5.1 At the outset, learned counsel for the appellants declared before the Court that the appellants are relying upon earlier award passed by the Reference Court in Land Acquisition Reference Nos.809 to 813 of 1987, copies whereof were produced at Exh.97 whereby the Reference Court had fixed the market value for compensation at Rs.40/- per square meter. It was submitted that the land was not only located at village Visnagar, but the notification under Section 4 of the Act was published on 31.7.1986, whereas in the present case, the notification under Section 4 of the Act has been published on 5.9.1985, otherwise the lands were acquired for very project of Dharoi Canal. 5.2 It was also submitted that the aforesaid awards of the Reference Court in Land Acquisition Reference Nos.809 to 813 of 1987 were carried before this Court in the proceedings of First Appeal Nos.7272 of 1995 to 7276 of 1995 by the Special Land Acquisition Officer and the Division Bench of this Court (Coram : Honourable Mr.Justice Y.B.Bhatt and Honourable Mr.Justice C.K.Buch) on 22.4.1998 has reduced the compensation from Rs.40/- to Rs.23/- per square meter. It was submitted that the lands in the present case are located at village Visnagar and, therefore, compensation at the same rate may be awarded by this Court and the appeals for enhancement of the compensation may be allowed to the aforesaid extent. 5.3 He submitted that so far as statutory benefits are concerned, the Reference Court has already awarded and hence no interference may be made to the said part of the judgment save and except that on account of increase of principal amount of compensation, such amount shall proportionately get enhanced.