SPECIAL LAND ACQUISITION OFFICER Vs. PATEL RAMESHBHAI MANILAL

JUDGEMENT

(1.) All the captioned First Appeals along with Cross Objections are heard and finally decided by the common judgment and order, except Special Civil Application No.13742 of 2018, which was ordered to be heard along with present First Appeals vide order dtd. 10/11/2022. The same is ordered to be detached from present First Appeals along with Civil Application No.2 of 2022.

(2.) First Appeals and Cross Objections emanate from judgment dtd. 31/7/2017 passed in Land Reference Case No.1643 of 2011 and allied matters by Land Reference Court, Mehsana, awarding additional compensation of Rs.2707.00 per sq.mtr. for road touch land and, for other lands, additional compensation of Rs.2088.00 per sq.mtr. has been awarded. The land reference case arise out of the acquisition of land situated at Village-Panchot, Taluka & District-Mehsana for the public purpose for Mehsana by-pass road. Accordingly, appellant no.1, State authority herein had acquired the lands, after undertaking necessary procedure, as prescribed under the law. Sec. 4 Notification under the Land Acquisition Act , 1894 (hereinafter referred to as "the Act" for the sake of brevity) was published on 11/2/2009. Sec. 6 Notification under the Act was published on 26/8/2009 and, thereafter, award under Sec. 11 of the Act was passed on 31/12/2010, wherein and whereby appellant no.1 awarded compensation for the acquired land at the rate of Rs.118.00 sq.mtrs. in case of road touch land and Rs.91.00 per sq.mtr. for other parcels of land. Ultimately, the aforesaid acquisition culminated into land reference. The claimants demanded Rs.10,000.00 per sq.mtr. After examining oral as well as documentary evidence, vide judgment and award dtd. 31/7/2017 passed by learned 3 rd Additional Senior Civil Judge, Mahesana, the reference of the original claimants was partly allowed and it was declared that the claimants would be entitled to an amount of Rs.2,707.00 per sq.mtr. for road touch land and Rs.2088.00 per sq.mtr. for other parcels of land as additional compensation, over and above the compensation already awarded by Special Land Acquisition Officer and increase at the rate of Rs.12.00 p.a. as per the provisions of Sec. 23 (1- A) of the Act was also granted along amount of consortium at the rate of 30% and running interest at the rate of 9% p.a. from the date of taking over possession till one year and, thereafter, at the rate of 15% p.a. till realization of the amount payable under Sec. 28 of the Act.

(3.) Being aggrieved and dissatisfied from aforesaid judgment and award, the appellant-State has filed captioned First Appeals, whereas the claimants have filed cross-objections.