SPECIAL LAND ACQUISITION OFFICER Vs. ASHOKBHAI DEVJIBHAI

JUDGEMENT

(1.) Admit. Learned Advocate Mr. NR Desai for learned Advocate Mr. PP Majmudar waives notice of admission for the original claimants. He further states that the respondents original claimants are not desirous to prefer any cross appeal for enhancement of the compensation. As all the appeals arise from the common judgment and award passed by the Reference Court, they are being considered simultaneously.

(2.) Present appeals are directed against the common judgment and award passed by the Reference Court in LAR No. 1382 to 1398 of 1997 whereby the Reference Court has awarded additional compensation of Rs.101.92 per square meter plus statutory benefits under section 23(1-A), 23(2) and 28 of the Land Acquisition Act, 1894 (herein after referred to as "the Act"). It may be recorded that the present appeals are restricted to judgment and award in so far as it relates to Land Acquisition Reference No. 1396/97, 1384/97, 1385/97, 1388/97, 1393/97, 1394/97, 1395/97, 1397/97 and 1398/97.

(3.) Short facts are that the land at village Bharthana, Taluka District Bharuch were to be acquired for the project of Dayadra Distributory Branch of Canal of Sardar Sarovar Narmada Nigam Limited under the Act. Notification under section 4 of the Act was published on 9.2.1995. Notification under section 6 of the Act was published on 13.6.96. Award was passed by the Special Land Acquisition Officer on 9.1.1997 and he awarded compensation at Rs.7.05 ps. per square meter to the owners of the land. Since the owners of the land were not satisfied with the compensation, they raised dispute under section 18 of the Act and demanded compensation of Rs.250.00 per square meter. Such disputes were referred to the Reference Court for adjudication being LRC No. 1382 of 1997 to 1398 of 1997. Reference Court at the conclusion of the references, passed aforesaid judgment and award. As recorded earlier, it is in respect of Land Acquisition Reference No. 1396/97, 1384/97, 1385/97, 1388/97, 1393/97, 1394/97, 1395/97, 1397/97 and 1398/97, present appeals are before this Court.