SPECIAL LAND ACQUISITION OFFICER Vs. AMRATLAL KESHAVLAL PATEL

JUDGEMENT

(1.) In the present first appeals, the acquiring body has assailed common judgment and award of the reference court dtd. 16/5/2008 in Land Acquisition Reference Case Nos.1507 to 1541 of 2003, whereby and wherein the claimants are awarded an additional compensation at the rate of Rs.160.00 per sq. mtr.; over and above the amount of compensation already awarded by the Special Land Acquisition Officer, whereas the cross objections are filed by the claimants on the ground that the same is required to be enhanced. All the land acquisition references arise from the common award dtd. 27/5/2003 passed by the Special Land Acquisition Officer appointed for Narmada Canal Project.

(2.) The Special Land Acquisition Officer awarded the compensation for irrigated land at the rate of Rs.8.10 paisa per sq. mtr. Being dissatisfied, the claimants made a representation before the Special Land Acquisition Officer. The acquired lands are situated at Village Sunshi, Taluka Visnagar, District Mehsana. The Sec. 4 notification issued under the Land Acquisition Act was published on 8/7/2002. The Sec. 6 notification was published on 4/12/2002 and the Sec. 11 award was published on 27/5/2003, but the impugned award of the reference court awarded Rs.160.00 per sq. mtr. The claimants demanded Rs.350.00 before the reference court. The reference court, after placing reliance on Exh.46, which pertains to the judgment relating to the acquisition of land of Visnagar village, which is adjoining to Sunshi village, wherein Sec. 4 notification was published on 31/7/1986, the reference court, after giving 10% price increase for 15 years and 11 months i.e. 16 years, has enhanced the amount of compensation to Rs.160.00.

(3.) Learned AGP Mr.Manraj Barot appearing for the State Authority has submitted that such compensation should not have been enhanced and reliance placed on the award of compensation with regard to adjoining village Visnagar could not have been compared with Village Sunshi since it is undeveloped or under development village. Thus, it is submitted that the impugned award awarding the enhanced compensation of Rs.160.00 per sq. mtr. is required to be set aside.