GANDAJI LAKHAJI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) All these appeals are decided by this common judgment as they are arising out of impugned common judgment and award dated 11.7.2001 passed by the learned 4th Joint Civil Judge (S.D.), Nadiad in Land Acquisition Reference Case Nos.289 to 301 of 1995 (main Reference Case No.289/95) Deputy General Manager (ONGC), Ahmedabad submitted his proposal to acquire lands of village Pinglaj of taluka Matar, Dist.Kheda for the purpose of D-Solter plant by letter dated 26.12.1990 addressed to the Special Land Acquisition Officer (ONGC), Ahmedabad. Section 4 notification came to be published under the Land Acquisition Act on 15.9.1992 followed by notification under Section 6 dated 14.7.1993 The Special Land Acquisition Officer fixed market price of the lands @Rs.8/= and Rs.10/= per sq.mtr., and for Kharabha land he fixed Rs.1/= per sq.mtr The said award was passed under Section 11 on 31.3.1995.

(2.) Aggrieved by the aforesaid award the appellants-claimants filed aforesaid reference cases before Reference Court claiming Rs.100/= sq.mtr., in all, for their lands However, Learned Judge by his impugned common judgment and award dated 11.7.2001 awarded additional sum of only Rs.30/= per sq.mtr and not the remaining amount as claimed by the claimants Hence, the claimants have filed all these appeals.

(3.) Learned counsel Shri Sheth appearing in all these appeals for the appellants-claimants vehemently submitted that the learned Judge committed grave error in not awarding additional compensation @Rs.51/= per sq.mtr to the claimants as awarded by the 3rd Extra Assistant Judge in his common judgment and award dated 11.7.1998 in Land Acquisition Case No.375/94 and other allied cases which was confirmed by this court in First Appeal No.1431 of 1999 In the instant case, on behalf of claimants one Sirajmiya Nathumiya claimant of LAQ Case No.295/95 was examined at Ex.53A In his evidence he has stated on oath that all lands of the claimants were fertile Jirayat lands They have facility of irrigation from the Government Tube-wells as well as private tube-wells and the lands are also irrigated by Kharikat canal All the claimants are getting three times crop and they got good income He has also deposed that their village "Pinglaj" is near to Ahmedabad on National Highway No.8 Bareja village is just adjacent to their village There is a facility of good education from the primary section to secondary They got facility of Milk Cooperative Society, Gujarat Electricity Sub-station, S.T Depot etc In his evidence he has produced the abstracts of 7 and 12 at Ex.59 to 105 and also produced copy of judgment delivered by 3rd Extra Assistant Judge, Ahmedabad (Rural) in LAQ Case No.375/94 at Ex.106 The said judgment was confirmed by this court in First Appeal No.1431 of 1999 at Ex.107.