SPL LAQ OFFICER Vs. RAMESHBHAI MURJIBHAI PATEL

JUDGEMENT

(1.) All these appeals are being disposed of by this common judgment and order as they are arising out of the impugned common judgment and award dated 17.4.2001 passed by the learned 3rd Joint Civil Judge(S.D.), Bharuch passed in Land Reference case nos. 624 of 1989 to 629 of 1989. Notification under section 4 of the Land Acquisition Act (For short "the Act") was issued for acquiring the lands situated at village Kotiyamu of Ta: Jhagadia, Dist: Bharuch for public purpose of irrigation tank at Andhara village. It was followed by notification dated 6.10.88 issued under section 6 of the Act. The Special Land Acquisition Officer passed his award under section 11 of the Act on 28.2.1989 whereby the respondents-claimants-owners of the lands were awarded compensation at the rate of Rs. 125.00 per Are. Being aggrieved and dissatisfied with the award dated 28th February, 1989 passed by the Land Acquisition Officer, all the claimants filed Land Reference case nos. 624 to 629 of 1989 before the court of 3rd Joint Civil Judge (S.D.), Bharuch and claimed Rs. 750.00 per Are. Surprisingly, the learned Judge passed the impugned common judgment and award dated 17.4.2001 passed in Land Reference case nos. 6242 to 6290 of 1989 fixing the market price of the lands acquired at the rateof Rs. 900.00 per Are. This impugned common judgment and award dated 17.4.2001 passed by the learned learned trial Judge is challenged by the appellant Special Land Acquisition Officer in these appeals.

(2.) The learned Assistant Government Pleader appearing for the appellant in all these appeals submitted that the learned Judge ought not to have awarded more than Rs. 750.00 per Are to the claimants which were claimed by them before the Court in Reference cases. In support of her submissions, she has relied upon the judgmentof the Hon'ble Supreme Court in the case of Ujjain Vikas Pradhikaran vs. Tarachand and another reported in AIR 1996, SC, 2777.

(3.) However, learned counsel Mr. Sheth appearing for the respondents-claimants in these appeals submitted that prior to the year 1984, there was an embargo for awarding the claim more than what has been claimed by the claimants, but that embargo is now lifted after the amendment introduced in 1984 under section 25 of the Land Acquisition Act. He submitted that under Section 25 of the Act, the amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under section 11 of the Act, but there is no outer limit for the Court to award the amount to the claimants. He submitted that if the Court is satisfied then it can always award more than what has been claimed by the claimants. He submitted that in the instant case, after relying upon the judgment of the Reference Court in the case of adjoining land owners of Vasna village where Rs. 815.00 per Are was awarded 815/- and considering the evidence of the claimant Rameshbhai Patel, the Reference Court has awarded Rs. 900.00 per Are against the claim of the claimant of Rs. 750.00 per Are, therefore, this Court should not interfere with such award in these appeals. In support of his submissions, Mr. Sheth has tried to rely upon the judgment of the Hon'ble Supreme Court in the case of The Land Acquisition Officer cum DSWO A.P. vs. M/s. B.V.reddy and Sons reported in AIR 2002, SC, 1045.