DEPUTY GENERAL MANAGER Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) BY this group of appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, the appellants have challenged common judgment and award dated 13.04.2007 passed in Land Reference Case Nos. 241 to 244 and 381 of 2001 by learned Principal District Judge, Mahesana. In view of the fact that common judgment and award is challenged by way of this group of appeals, all the five appeals are heard together and are hereby disposed of by this common judgment.

(2.) HEARD Mr. R.R. Marshal, learned Senior Counsel with Mr. V.K. Bhatia, learned counsel for the appellant, Mr. A.J. Patel, learned counsel with Mr. Jayesh Patel, learned counsel for respondent Nos. 2 and 3 -original claimants and Mr. Alkesh Shah, learned Assistant Government Pleader for respondent No. 1 -Special Land Acquisition Officer, ONGC, Mahesana in all these appeals.

(3.) BEING dissatisfied with the amount of compensation so awarded by the Special Land Acquisition Officer, the original claimants filed references as provided under Section 18 of the Act, which came to be referred to the Reference Court and were registered as Land Reference Case Nos. 241 to 244 and 381 of 2001. After considering the evidence on record, Principal District Judge, Mahesana, vide order dated 13.04.2007 determined the market value under the acquisition pertaining to respondent No. 2 -original claimant at the rate of Rs. 35.50/ - per Sq.Mtr. (Rs. 6.75/ - + Rs. 28.75/ - per sq.Mtr.) along with other statutory benefits under Sections 23(1 -A), 23(2) and 28 of the Act.