LAWS(GJH)-2013-6-152

GENERAL MANAGER Vs. DABHI BHARATJI SHAMBHUJI

Decided On June 19, 2013
GENERAL MANAGER Appellant
V/S
Dabhi Bharatji Shambhuji Respondents

JUDGEMENT

(1.) As all the appeals are arising from the common judgment and award passed by the Tribunal, they are being considered simultaneously. All the appeals are directed against the judgment and award passed by the Tribunal in the respective land reference cases, whereby the Reference Court has awarded additional compensation at Rs.555/- per sq.mtr., plus the statutory benefit under Section 23A of the Land Acquisition Act (hereinafter referred to as the Act ) and the solatium under Section 30 of the Act with interest under Section 23(1-A) and 23(2) of the Act.

(2.) The short facts of the case are that for the project of ONGC the lands at Village : Dangarva were to be acquired under the Act. The notification under Section 4 of the Act was published on 21.5.2007. The notification under Section 6 of the Act was published on 5.2.2008. The award was declared on 15.1.2009 and the Special Land Acquisition Officer awarded compensation at Rs.9.25 ps., per sq.mtr. As the claimants were not satisfied with the award they raised the dispute under Section 18 of the Act and demanded compensation at Rs.1,000/- per sq.mtrs. Those dispute came to be referred to the Reference Court for adjudication being Land Reference Case No.1188 of 2011 to 1194 of 2011. The Reference Court at the conclusion of the reference passed the above referred judgment and award. Under the circumstances present appeals before this Court.

(3.) We have heard Mr.Mehta, learned counsel appearing for the appellant. We have considered the judgment and reasons recorded by the Reference Court. We have also considered the record of the lower Court upon which reliance was placed by the learned counsel for the appellant. We have also heard Mr.A.V.Prajapati, who has appeared on behalf of the original claimants.