GENERAL MANAGER Vs. PATEL KANTIBHAI PRAHLADBHAI AND ORS

JUDGEMENT

(1.) AS common question of law and facts arise in this group of appeals, the same are heard together and are hereby decided by this common judgment.

(2.) BY this group of appeals filed under Section 54 of the Land Acquisition Act, 1894 (the Act) read with Section 96 of the Code of Civil Procedure, 1908 (the CPC) the appellant has challenged the common judgment and award dated 12.10.2006 passed by Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference Nos.9799/ 2002.

(3.) THE facts of the case are that the lands belonging to the respondentsoriginal claimants situated at Village Shertha, Tal. Kalol, Dist. Gandhinagar, were acquired for the public purpose of ONGC Sarkam No.K.461. Notification under Section 4 of the Act was published on 12.10.1999 followed by a declaration under Section 6 of the Act, which was made and declared on 20.05.2000. Proceedings so initiated culminated into an award passed under Section 11(1) of the Act, which was made by the Special Land Acquisition Officer on 17.07.2000 whereby he determined the market value of the lands under acquisition and awarded Rs.24/sq. mtr. as compensation to the respondentsoriginal claimants. Being dissatisfied with the said award the respondentsoriginal claimants raised dispute under Section 18 of the Act, which came to be registered as Land Acquisition Reference Nos.9799/ 2002, and raised a demand of Rs.500/sq. mtr. as true and correct market value of the lands under acquisition. The Reference Court vide the aforesaid impugned judgment and award determined the market value of the lands under acquisition at Rs.247/sq. mtr. and has awarded additional compensation amount of Rs.223/sq. mtr. to the respondentsoriginal claimants. Aggrieved by the same, the appellants have filed these appeals.