SPECIAL LAND ACQUISITION OFFICER Vs. HASMUKHBHAI SOMABHAI PATEL

JUDGEMENT

(1.) ADMIT. Shri Kamlesh Sheth, learned advocate waives service of notice of admission on behalf of the respondents-original claimants in each of the appeals and he has stated at the bar that he shall file the Vakalatnama on behalf of the respondents-original claimants.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, all these appeals are taken up for final hearing today as the learned advocates appearing on behalf of the respective parties have placed on record the relevant evidences on record for perusal of the Court.

(3.) THE lands of the original claimants came to be acquired in the Narmada Irrigation Project and notification under Section 4 of the Act was published on 06/05/1995, notification under Section 6 of the Act was published on 16/09/1996 and the Land Acquisition Officer declared the award under Section 6 of he Act on 30/09/1997 by which the Land Acquisition Officer awarded Rs. 1.90 per sq meter for non-irrigated land and Rs. 2.80 per sq meter for the irrigated land. Being aggrieved and dissatisfied with the said award the claimants preferred References under Section 18 of the Land Acquisition Act praying Rs. 50 per sq meter as compensation for their acquired lands. THE learned Reference Court vide impugned judgment and award dated 03/05/2007 considered the yearly yield and came to the conclusion that the claimants are entitled to the additional compensation at Rs. 38 per sq meter. Being aggrieved and dissatisfied with the aforesaid common judgment and order passed by the learned Reference Court, the appellants-Special Land Acquisition Officer and another have preferred the present Appeals.