GENERAL MANAGER Vs. PATEL JAYANTIBHAI BECHARDAS

JUDGEMENT

(1.) As all the appeals arise from the common judgement and award of the Reference Court, they are being considered simultaneously.

(2.) The short facts are that for the project of ONGC, the lands at Village Limbodara were to be acquired under the Land Acquisition Act (hereinafter referred to as the 'Act' for short). The Notification under Section 4 of the Act was published on 15.12.1993 and 17.12.1993. The Notification under Section 6 of the Act was published on 7.4.1994. Thereafter, the award was passed by the Special Land Acquisition Officer on 22.10.1995 and he granted compensation at Rs.6/- per sq. mtrs. As the claimants were not satisfied with the award, they raised the dispute under Section 18 of the Act, which ultimately came to be referred to the Reference Court for adjudication being Land Reference Case No.24/98 to 30/98 and thereafter, they were renumbered as Land Reference Case No.516/2006 to 522/2006. The present appeals are pertaining to the Land Acquisition Cases arising from L.R. No.518 to 522 of 2006. The Reference Court, at the conclusion of the reference, passed the judgement and award, whereby the Reference Court assessed the market value at Rs.235/- per sq. mtrs., and since the amount of Rs.6/- per sq. mtrs., was already awarded as compensation by the Special Land Acquisition Officer, the net amount of Rs.229/- per sq. mtrs., was awarded as additional compensation. The Reference Court has further granted solatium under Section 23(2) of the Act, increase in the market value under Section 23(1A) of the Act and interest under Section 28 of the Act. It is under these circumstances, the present appeals are before this Court.

(3.) We have heard Mr.Valmik Vyas, learned Counsel for Mr.Ajay Mehta for the appellant and Mr.Dharmesh Gurjar for the claimants in the present group of appeals. We have considered the Record and Proceedings and we have also considered the judgement and reasons recorded by the Reference Court.