SPECIAL LAND ACQUISITION OFFICER Vs. AADAM VALI DAUD

JUDGEMENT

(1.) ADMIT . Learned advocate Mr.K. M. Sheth, waives service of notice of admission for the respondent.

(2.) THE present First Appeals have been filed under Section 54 of the Land Acquisition Act, 1894 (for short "the Act") read with Section 96 of the Civil Procedure Code challenging the impugned judgment and award rendered by the Reference Court [Additional District Judge, Fats Track Court No.6, Bharuch] dated 11.04.2008 in Land Reference Case Nos.988/2001 to 997/2001 [main Land Reference Case No.997/2001] on the grounds stated in the appeals.

(3.) LEARNED AGP for the appellants has referred to the impugned order passed by the Reference Court stating that the land has been acquired of Village : Mangrol for the purpose of Sardar Sarovar Narmada Yojna (Mangrol-2) for irrigating canal. The notification dated 21.11.1998 was issued under Section 4 of the Act and the notification dated 19.05.1999 under Section 6 of the Act was issued, thereafter. The award under Section 11 of the Act was declared by the Land Acquisition Officer awarding Rs.2.10 paise per square meter. Therefore, the same was challenged by way of references before the Reference Court. The Reference Court on the basis of the material evidence and also considering the relevant criteria / aspect like the market value of the surrounding land which is situated nearby the sale instances, the yield etc., has enhanced the award to Rs.46.00 per square meter. The Reference Court has also referred to the judgment in the earlier Land Reference Case No.990/2001 and the Reference Court had awarded Rs.40.00 which has been carried before the High Court and the High Court has declined to interfere with the said award. Therefore, taking into consideration of all these relevant aspects, the Reference Court has awarded Rs.46.00 per square meter. In the present case, on the basis of the earlier award, the compensation has been awarded adding 10% for each year. Therefore, the amount of Rs.46.00 has been made which is just and proper.