GENERAL MANAGER Vs. PATEL PREMILABEN SHANKARLAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the Reference Court in LAR Case No. 687/11, whereby the Reference Court has awarded additional compensation at Rs. 261 per sq. mtr. plus statutory benefit under Sections 23(1A), 23 (2) and interest under Section 28 of the Land Acquisition Act (hereinafter referred to as the "Act").

(2.) The short facts of the case are that for the project of ONGC, the land at villages Jotana and Kasalpura were to be acquired. In the present matter, the land located at village Kasapura is to be considered. The notification under Section 4 of the Act was published on 22.05.2007. The notification under Section 6 of the Act was published on 08.01.2008. The award was passed under Section 11 on 15.01.2009 (wrongly typed at para 2 of the judgment as 20.10.2008) and the Land Acquisition Officer awarded compensation at Rs. 8 per sq.mtr. As the original land owner claimant were not satisfied with the compensation, they raised the dispute and demanded higher compensation. Such dispute was referred to the Reference Court for adjudication being LAR Case No. 687/11. The Reference Court at the conclusion of the reference passed the above referred judgment & award. Under the circumstances, the present appeal before this Court.

(3.) We have heard Mr. Ajay Mehta, learned counsel appearing for the appellant. We have considered the judgment and the reasons recorded by the Reference Court. We have also considered the documentary evidence forming part of the record of the reference Court which has been relied upon by the learned counsel appearing for the appellant. We have heard Mr. Prajapati, who is appearing for respondent original claimant.