SPECIAL LAND ACQUISITION OFFICER Vs. RABARI MENABEN GOBARBHAI

JUDGEMENT

(1.) AS in all the appeals, common questions arise for compensation to be awarded for the common project of the very village Gojaria, they are being considered by this common judgement.

(2.) IN the group of First Appeal No.2756 of 2013 to First Appeal No.2766 of 2013, the facts are that for project on SIPU Yojana at Village Gojaria, the Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act ) was published on 3.7.2004 and Notification under Section 6 of the Act was published on 18.1.2005. Thereafter, the award was passed by the Special Land Acquisition Officer under Section 11 of the Act on 28.2.2005 and he granted compensation of Rs.10.30 per sq. mtrs., plus statutory benefits. The original claimants/land owners, as were not satisfied with the compensation, raised the disputes under Section 18 of the Act and demanded compensation at Rs.700/ - to Rs.800/ - per sq. mtrs. Those disputes were referred to the Reference Court for adjudication being Land Reference Case No.577 of 2009 to 587 of 2009. The Reference Court, at the conclusion of the reference, awarded additional compensation at Rs.530/ - per sq. mtrs., plus statutory benefits of increase under Section 23(1A), solatium under Section 23(2) and interest under Section 28 of the Act. Under these circumstances, the present appeals before this Court.

(3.) IN the group of First Appeal No.2767 of 2013 to First Appeal No.2774 of 2013, the facts are more or less same, inasmuch as the Notification under Section 4 of the Act was published on 3.7.2004, the Notification under Section 6 of the Act was published on 26.8.2004 and the award was published on 24.9.2004 and compensation awarded was of Rs.10.30 per sq. mtrs., plus statutory benefits, but the only distinguishing fact was that the compensation demanded by the original claimants/land owners by raising disputes under Section 18 of the Act was at Rs.800/ - to Rs.1,000/ - per sq. mtrs. Those disputes were referred to the Reference Court for adjudication being Land Reference Case No.569 of 2009 to 576 of 2009 and the Reference Court, at the conclusion of the reference, awarded the same amount of additional compensation with statutory benefits.