STATE OF GUJARAT Vs. DEVJI BECHAR

JUDGEMENT

(1.) The State of Gujarat who is the original opponent No. 1 has filed this appeal against the award passed by the learned Assistant Judge, Bhavnagar in Land Reference Case No. 1 of 1976 and the original claimantsrespondents Nos. 1 to 4 in the present appeal have preferred their crossobjections against the part of the award in Land Reference Case No. 1 of 1976.

(2.) Mr. Upadhyaya, learned Advocate for the respondents-original claimants seeks permission to withdraw the cross-objection before effective hearing and the same are permitted to be withdrawn before effective hearing of this appeal. Mr. D. K. Trivedi appearing for the appellant has no objection if the crossobjections are allowed to be withdrawn. The cross-objections are allowed to be withdrawn before effective hearing, with no order as to costs.

(3.) The lands involved in this case are situated at village Chitra, Taluka- District Bhavnagar. Notification under Sec. 4 of the Land Acquisition Act (hereinafter referred to as "the Act") was issued on 20-8-1964. Survey Nos. 76, 77 and 78 admeasuring 7 Acres 18 Gunthas, 6 Acres 23 Gunthas and 10 Acres 30 Gunthas respectively of village Chitra, Taluka-District Bhavnagar were included in the aforesaid Notification and were acquired for the purpose of establishment of the Industrial Township. After the issuance of Sec. 4 Notification, public notices inviting claims were issued and individual notices were also served. The objections received were heard and then report under Sec. 5A of the Act was submitted to the Government. After considering the objections and the report under Sec. 5A of the Act, Notification under Sec. 6 of the Act, dated 18-10-1965 was published on 28-10-1965. Public notices were published and individual notices were also issued and served under Secs. 9 and 10 of the Act. The claimants preferred their claim. They were heard and finally award was declared on 9-3-1968 by the resident Deputy Collector, Bhavnagar. In some cases, the Government cancelled the Notification under Sec. 6 of the Act and a fresh Notification under Sec. 6 of the Act with urgency clause dated 16-1-1968 was issued and the same was published on 18-1-1969 in the Government Gazette. Notices were accordingly issued under Sec. 9 of the Act and the same were duly published at the Mamlatdar's Office, Bhavnagar, Talati's Chora and on the lands on 20-4-1970. Individual notices under Sec. 9(3)(4) of the Act and also under Sec. 10 of the Act inviting claims were also issued and served upon the persons concerned. Before the date of hearing, the stay was issued by the High Court in the Writ petition filed by the interested persons. Later on, the Writ Petition so filed was withdrawn and consequently, the Stay Order was vacated. The acquiring body i.e., the G.I.D.C. offered rates of land valuation and other terms for consent award. The interested persons agreed to accept these rates and terms and executed the consent agreements. A consent award was passed in respect of the acquired lands except three survey numbers which are involved in the present appeal, bearing S. Nos. 75, 76 and 78. In respect of the said Survey Numbers, the claim at the rate of Rs. 20,000.00 per acre was made before the Special Land Acquisition Officer. The Special Land Acquisition Officer awarded the compensation at the rate of Rs. 65.00 per Guntha for the land bearing S. Nos. 76 and 77 treating it as Bagayat land and at the rate of Rs. 50.00 per Guntha for the land of S. No. 78 treating it as Jirayat land. The claimant did not accept the award and, therefore, in application was made to the Special Land Acquisition Officer for making reference under Sec. 18 of the Act. The Reference accordingly was made before the District Court and it was heard by the learned Assistant Judge. Bhavnagar and gave the award by his judgment dated 30-11- 1978, enhancing the compensation by fixing the market price of the acquired land at Rs. 462.50 per guntha, i.e. fixing the market price at the rate of Rs. 18,500.00 per acre.