DEPUTY COLLECTOR AND LAQ OFFICER Vs. CHUNILAL MAGANBHAI

JUDGEMENT

(1.) BY means of filing this appeal, the appellants, who were original opponents in Land Reference Case No. 215/1999, tried and decided by the Ld. Civil Judge [S.D.], Panchmahals at Godhra [for short 'the Reference Court'], have challenged the legality and correctness of the impugned judgment and award rendered on 01/05/2005. The respondents are original claimants in the aforesaid land reference case.

(2.) CERTAIN agricultural lands of the respondents situated in the outskirts of village Tadiya, Taluka Halol, District Panchmahals came to be acquired for the public purpose of "Kadana Project". The notification under section 4 of the Land Acquisition Act [for short 'the Act'] was published on 7/5/1984 and the notification under section 6 of the Act was published on 6/2/1985. The Special Land Acquisition Officer conducted inquiry to determine just and fair amount of compensation and delivered his award under section 11 of the Act on 27/2/1986 and offered the compensation @ Rs.00-70 ps., per sq.mtr., to the claimants. The claimants felt that the amount offered by way of compensation to them was grossly inadequate and insufficient and, therefore, they applied for reference and their reference was numbered and registered as Land Acquisition Reference Case Nos. 215 of 1999.

(3.) PER contra, Mr. VN Raval, Ld. Advocate for the respondents " claimants fully supported the impugned judgment and award rendered by the Reference Court. It is submitted that the Reference Court took into consideration the previous award which was in connection with earlier acquisition of the land of the same village, namely Tadiya. That the Reference Court also considered the oral evidence of claimant recorded at exh. 14 regarding the potentiality and fertility of the lands under acquisition. It is submitted that plea of limitation was not raised by the appellants " opponents before the Reference Court nor issue to that effect was framed. Hence, it is submitted that the appeal may be dismissed.