STATE OF GUJARAT Vs. RADHABEN MATHURBHAI PATEL

JUDGEMENT

(1.) AS common question of law and facts arise in this group of appeals as well as the Cross Objections and as such they arise out of the impugned common judgment and award dated 11.12.2009 passed by the learned Reference Court ­ learned Additional Senior Civil Judge, Vadodara in Land Acquisition Reference Case Nos.1999/2002 and other allied land references, all these appeals and the respective cross objections in respective first appeals are decided and disposed of by this common judgment and order.

(2.) FACTS leading to the respective first appeals and the cross objections in respective first appeals and cross objections in nutshell are as under:

(3.) THAT on appreciation of evidence and relying upon the previous judgment and award passed by the learned Reference Court in LAR No.33/1989 of village Kundi, Taluka Sankheda, District Vadodara produced at Exh.49 for which the notification under Section 4 of the Act was published on 09.12.1996 and considering the time gap of 7 years between taking over the possession of the acquired lands in question and the notification under Section 4 of the Act with respect to the lands acquired of village Kundi [Exh.9] granting 10% price rise per annum the learned Reference Court has held that the claimants shall be entitled to additional compensation of the land acquired at the rate of Rs.21.48 per sq. meter and thereafter has granted the benefits under Section 23(2), 23(1A) and Section 28 of the Act and has also directed to pay the interest on additional amount of compensation under Section 28 of the Act as well as the interest on solatium from the date of taking over the possession i.e. 1989.