STATE OF GUJARAT Vs. KATHI MALSIYA VAGHA

JUDGEMENT

(1.) Sixteen First Appeals Nos. 994/82 to 1008/82 and No. 1015/82 under Section 54 of the Land Acquisition Act 1894 filed by the State of Gujarat arise from a common judgment and different awards delivered by the learned Second Extra Assistant Judge Junagadh in 16 Land Reference Cases Nos. 18/80 19 13 14 15 12 2 3 4 5 6 7 8 9 10 and 11/81 respectively in respect of acquisition of different parcels of agricultural lands of village Malenka in Mendarda Tulaka of Junagadh District acquired for the purpose of construction of Madhuvanti Dam under the Irrigation Scheme. The remaining claimants against the awards made in Land Reference Cases Nos. 5/81 19 12 and 4/31. The claimants have also filed cross-objections in the First Appeals No. 994 998 1007 1507 and 1017/82 filed by the State against those awards made in Land Reference Cases in which the claimants as well as the State Government have challenged the awards made by the learned Judge in sixteen different Land Reference Cases.

(2.) The details regarding Survey Nos. quality area and the number of fruit-bearing trees on the lands involved are tabulated as under: (Please see Table on p. 489.)

(3.) Notification dated 25-11-1969 under Section 4 of the Land Acquisition Act 1894 hereinafter referred to as the fact was published in the Government Gazette on 12-12-1969. After publication of the notification under Section 6 of the Act on 23-9-1970 and after serving the claimants with the notices under Section 9 of the Act and after hearing them the Special Land Acquisition Officer by his award dated 31-1-1973 granted compensation at the rate of 0.37 Ps. per sq. mt. for non-irrigated or Jarayat land and at the rate of 0.45 ps. per sq. mt. for irrigated or Bagayat land. As the owners of the lands had claimed compensation at the rate of Re. 1.25 Ps. per sq. mt. for Jarayat land and Rs. 2.50 Ps. per sq. mt. for Bagayat land from the very beginning they moved for a reference to the District Court under Section 18 of the Act. Thus their claim for compensation was at the rate of Rs. 12 5000 per hectare for Jarayat and Rs. 25 0 per hectare for Bagayat land as against the award by the Special Land Acquisition Officer at the rate of Rs. 3 700 per hectare for Jarayat land and Rs. 4 500 per hectare for Bagayat land. <FRM>JUDGEMENT_487_GLH1_1992.htm</FRM>