PATEL ISHVARBHAI RAMCHANDDAS Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In the above group of appeals, the land acquired of Village Ruvavi, District Patan is subject matter of challenge by the claimants. The State Authority has issued Sec. 4 notification of the Land Acquisition Act (for short "the Act") on 31/10/2002, Sec. 6 notification of the Act was issued on 6/2/2003 and the award was declared on 20/9/2010 and 29/9/2010. The Land Acquisition Officer has awarded an amount of Rs.9.00 per sq.mtr. for the lands acquired of Village Ruvavi. The same was subject matter of challenge before the reference court by the claimants and the reference court after examination of the documentary as well as oral evidence awarded an amount of Rs.23.45 per sq.mtr.

(2.) The present group of appeals pertain to the judgments and awards passed by the reference Court on 20/9/2010 in LAR Nos.2054, 2055, 2064, 2067, 2068, 2071 and 2077 of 2006 and on 29/9/2010 in LAR Nos.1995, 1998, 2002, 2012, 2013 and 2014 of 2006. The Sec. 4 notification of the Act was issued on 31/10/2002.

(3.) Learned advocate Mr.Prajapati appearing for the claimants has submitted that the reference Court has committed an error by awarding an additional compensation of Rs.23.45, though the learned judge has considered the acquisition of the lands of Village Unava, wherein the additional compensation of Rs.288.00 was awarded, for which Sec. 4 notification was also issued on 26/7/2002. It is submitted by him that the judgment and award passed in case of Village Unava was further challenged by the State Authority in First Appeal No.1659 of 2006 and allied matters and by the judgment and order dtd. 2/7/2007, the first appeals were dismissed and hence, the additional compensation of Rs.288.00 granted for the land acquired of Village Unava has become final. It is submitted that the SLP against the aforesaid judgment and order passed by the Division Bench was dismissed by the order dtd. 14/11/2008 on the ground of delay as well as on merits.