LAWS(GJH)-2011-9-69

AMBALAL CHHOTABHAI Vs. SPECIAL LAQ OFFICER

Decided On September 15, 2011
AMBALAL CHHOTABHAI Appellant
V/S
SPECIAL LAQ OFFICER Respondents

JUDGEMENT

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

(2.) THE relevant facts are that for the project of Branch Canal of Sardar Sarovar, Unit No.10, Ahmedabad, land at village Rampur, Taluka Dholka were to be acquired under the Land Acquisition Act (hereinafter referred to as 'the Act'.) Notification under section 4 of the Act was published on 9.10.1991. Notification under section 6 of the Act was published on 6.10.1992. Award was passed under section 11 of the Act on 31.12.1993 and the Land Acquisition Officer awarded compensation at Rs. 2.40 per sq. mtr. As the claimants were not satisfied with the compensation, they raised disputes under section 18 of the Act and demanded compensation at Rs. 100/- per sq. mtr. THE disputes were referred to the Reference Court for adjudication in Land Reference Acquisition Cases No. 445 of 1995 to 455 of 1995. THE Reference Court at the conclusion of the Reference awarded additional compensation at Rs.19.65 per sq.mtr. and also awarded increase in the the market value under section 23(1A), solatium under section 23(2) and interest under section 28 of the Act. Under the circumstances, the present appeals before this Court.

(3.) WE may record that there is no time gap in the Notification under section 4 of the Act in the matters for acquisition of land at village Rampura which came to be considered by this Court in First Appeal No. 4509 of 2009 and allied matters. In the said matters this Court further recorded the reasons at paragraph nos. 10 to 17 as under :