STATE OF GUJARAT Vs. GUNVANTIBEN HARIBHAI

JUDGEMENT

(1.) THE present group of First Appeals have been filed under sec. 54 of the Land Acquisition Act, 1894 read with sec. 96 of the Civil Procedure Code, 1908 being aggrieved with the impugned judgment and order passed in Land Reference Case Nos. 1124/99, 1128/99, 1133/99, 1136/99 and 330/2001 by the Addl. Sr. Civil Judge, Bharuch, dated 21.8.2009 on the grounds stated in these appeals.

(2.) THE brief facts of the case are that the lands of the respondents-original claimants are situated at Village Uber, Tal. Jambusar, Dist.Bharuch which have been acquired for public purpose under Narmada Project vide Land Acquisition Case No. 26/95 and other allied matters. The notifications under sec. 4 and 6 of the Land acquisition Act were published on 16.2.96 and 8.8.96 respectively. Thereafter, under sec. 11 of the Act the award for compensation was made to the tune of Rs. 2 per sq.mt. by the Land Acquisition Officer. Aggrieved with the said award, a reference was made before the Reference Court by the respondents-original claimants under sec. 18 of the Land Acquisition Act. The Reference Court, on the basis of the material and evidence on record, has passed the impugned order enhancing and awarding additional compensation at the rate of Rs. 39 per sq.mt. for the acquired lands, which is assailed in the present group of first appeals on the aforesaid grounds.

(3.) IT is stated that these are the matters which have been left out of another group of matters with regard to the same acquisition of lands of the same village for which First Appeal Nos. 1027 of 2011 with First Appeal No. 1032/2011 with First Appeal No. 1033 of 2011 have been disposed of by this Court (Coram: J.C. Upadhyaya, J.) vide judgment and order dated 24.3.2011. As it transpires from the impugned judgment and award of the Reference Court as well as from the order of this court in the aforesaid group of matters, a detailed discussion has been made with regard to the relevant criteria or the aspects which are required to be considered, and while disposing of the aforesaid group of matters by this court, this Court has made the following observations: