IBP CO LTD Vs. AMTHIBEN WIDOW

JUDGEMENT

(1.) Mr.Keyur Gandhi, learned Counsel for Nanavati Associates for the appellant/acquiring body in First Appeal No.188 of 2003 to 211 of 2003 states that IBP Co. Limited is taken over by IOC and, therefore, he may be permitted to add the description of the appellant accordingly. Permission granted.

(2.) As all the matters arise from the common judgement and award passed by the Reference Court, they are being considered simultaneously. All the matters are directed against the judgement and award dated 22.7.2002 passed by the Reference Court in Land Acquisition Reference Cases No.2468 of 1996 to 2491 of 1996, whereby the Reference Court has awarded additional compensation at Rs.100/- per sq. mtrs., and has also awarded statutory benefits of additional compensation as per Section 23(1-A), solatium as per Section 23(2) and interest as per Section 28 of the Act.

(3.) The short facts are that for the construction of storage depot of Indian Oil Corporation, the lands at Village Sidhpur were to be acquired under Land Acquisition Act (hereinafter referred to as 'the Act'). The Notification under Section 4 of the Act was published on 28.6.1993. Thereafter, the Notification under Section 6 of the Act was published and the award was passed by the Special Land Acquisition Officer, whereby he awarded compensation at Rs.10/- to Rs.13/- per sq. mtrs., inasmuch as Rs.10/- per sq. mtrs., was awarded to the lands, where there was no access or entry directly or even indirectly. He awarded Rs.11/- per sq. mtrs., to the land owners/claimants, where there was indirect entry to the land and he awarded Rs.13/- per sq. mtrs., to the claimants/owners of the land, where there was direct entry available from highway to the land. As the claimants were not satisfied with the award, they raised the dispute under Section 18 of the Act and initially demanded compensation at Rs.200/- per sq. mtrs., and subsequently amended the quantum of compensation to Rs.500/- per sq. mtrs. All disputes were referred to the Reference Court for adjudication being Land Reference Cases No.2468/96 to 2491/96. The Reference Court, at the conclusion of the reference, passed the aforesaid judgement and award, against which the acquiring body has preferred appeals for reduction of the compensation being First Appeal Nos.188 of 2003 to 211 of 2003, whereas the original claimants have preferred Cross Objections No.125 of 2012 to 148 of 2012 for enhancement of compensation.