STATE OF GUJARAT Vs. VASTABHAI TUKADIYABHAI GAMIT

JUDGEMENT

(1.) First Appeal Nos.771 and 772 of 2019 and First Appeal No.4005 of 2022 have been filed by the appellant - State against the common judgment and award dtd. 31/12/2004 passed by the learned Principal Senior Civil Judge, Vyara, Tapi in Land Reference Case Nos.346 to 354 of 2012. Whereas First Appeal No.950 of 2019 has been filed by the appellant - State against the judgment and award dtd. 31/12/2004 passed by the learned Principal Senior Civil Judge, Vyara, Tapi in Land Reference Case No.335 of 2012. By the said appeals, the appellant - State has challenged the grant of additional compensation to the original claimants.

(2.) Cross Objection No.93 of 2021 in First Appeal No.772 of 2019 has been filed by the appellant - original claimant inter alia praying for enhancement of the compensation awarded by the learned Principal Senior Civil Judge, Vyara, Tapi in Land Acquisition Case No.353/2012.

(3.) Short facts leading to filing of the present appeals are as under, The land owned by the original claimants viz., Village : Sarkuva, Taluka : Vyara, District : Tapi were acquired by the Government for the purpose of Ukai Left Branch High Level Cantor Canal and accordingly, Notification under Sec. 4 of the Land Acquisition Act, 1894 (for short "the Act") was published on 30/3/2006 and, thereafter, Notification under Sec. 6 of the Act was published on 31/8/2006 in First Appeal Nos.771 and 772 of 2019 and First Appeal No.4005/2022 and on 28/9/2006 in First Appeal No.950 of 2019. After following due procedure as required under the law and after providing opportunity to the original claimants, the learned Special Land Acquisition Officer awarded compensation at Rs.4.00 per Sq.Mtrs. for irrigated land and Rs.2.00 per Sq.Mtrs. for non- irrigated land, which was enhanced by the learned Reference Court by granting additional compensation of Rs.230.00 per Sq.Mtr. after placing reliance on the judgment and award dtd. 25/9/2014 passed in LAR Nos.220 to 230 of 2012 with regard to lands acquired of adjoining Village : Chikhli.