STATE OF GUJARAT Vs. REVANDAS BHAILALBHAI PATEL

JUDGEMENT

(1.) THE present appeals have been preferred by the State of Gujarat against the common Judgment dated 31.03.2008 passed by the learned 4th Additional Senior Civil Judge, Vadodara in Land Reference Case Nos.1863 to 1865 of 1999, whereby the Reference preferred by the claimants was partly allowed by granting compensation @ Rs. 19.90/ per sq. meter. The appellant has also challenged the award for severance, awarded at the rate of 1/6th of the market price.

(2.) IN the present case, Notification under section 4 of the Land Acquisition Act, was issued on 22.12.1994 by the State Government for acquiring the land for the purpose of construction of Canal under Narmada Canal Project. Thereafter, Notification under section 6 of the Land Acquisition Act, was published on 10.09.1996. Thereafter, Land Acquisition Officer offered compensation to the present claimant at the rate of Rs.21,000/ per hector for irrigated land. Since the said amount of compensation was inadequate, the claimant submitted application under section 18 of the Act requiring the Officer to refer the case to the Court for the purpose of determination of just amount of compensation payable to them and accordingly, reference was made to the Reference Court, Vadodara which was registered as L.R.C.No.1863 to 1865 of 1999. After considering the evidence on record produced by both the parties, the Reference Court i.e. 4th Additional Civil Judge, Vadodara by his judgment and order dated 31.03.2008 awarded additional amount of compensation at the rate of Rs.19.90 per sq.mtr. The Reference Court has also awarded compensation to the claimant for severance of the land at the rate of 1/6th of the market price. Therefore, the State Government has challenged the said judgment and order.

(3.) MR . Patel, learned counsel appearing for the respondent, submitted that the award of the Reference Court is legal and proper inasmuch as the Reference Court has relied on the earlier judgment and award rendered in Reference Case Nos.1537 of 1999 wherein land of adjacent village Mundhela was considered. Considering the evidence produced by the parties, vide its judgment and award dated 31.03.2008 the Trial Court was pleased to fix the compensation at the rate of Rs.19.90/ per Sq.Mtr., and awarded compensation for damages caused to the claimants for severance of their lands at the rate of 1/6 th of the market value. It is submitted that in the above referred award, the land was of the adjacent village Mudhela and the purpose of acquisition was also the same as in the present case, i.e. for the construction of the canal for Narmada Project. Learned advocate for the respondents � claimants has relied on following decisions, wherein for the adjacent village Mundhela, this Court has dismissed the appeals :