LAND ACQUISITION OFFICER Vs. PATEL GANGARAM RANCHHODDAS

JUDGEMENT

(1.) As the issues involved in all the captioned appeals are the same and the challenge in all the appeals is also to a selfsame judgment and award passed by the 3 rd Additional Senior Civil Judge, Mehsana, those were heard analogously and are being disposed of by this common judgment and order.

(2.) These First Appeals emanate from judgment and award passed by learned 3rd Additional Civil Judge, Mehsana, in Land Reference Case No.1499 of 2011, 1550 of 2011 and allied matters. The land of Village-Nugar, Taluka & District-Mehsana, which were subject matter of reference, were acquired for the public purpose of Mehsana By-pass Highway for which Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for the sake of brevity) was published in official gazette on 31/7/2008 and Notification under Sec. 6 of the Act was published on 2 nd May 2009. After hearing the respective parties and examining the facts as well as oral evidence, Reference Court enhanced compensation from Rs.30.00 per sq.mtr. as awarded by the Special Land Acquisition Officer for road touch land to Rs.2044.64 per sq.mtr. and Rs.25.00 per sq.mtr. for remaining land to Rs.2453.00 per sq.mtr.

(3.) Thus, it appears that the learned 3 rd Additional Senior Civil Judge, Mehsana partly allowed all the Land Acquisition References and granted additional compensation at the rate of Rs.2069.64 per sq.mtr, which after deducting the compensation of Rs.25.00 per sq.mtr as already awarded by the Special Land Acquisition Officer, comes to Rs.2044.64 per sq.mtr for the agricultural land which is not road touch and Rs.2483.56 per sq. mtr, which after deducting the compensation of Rs.30.00 per sq.mtr as already awarded by the Special Land Acquisition Officer, comes to Rs.2053.56 per sq.mtr for the road touch agricultural land.