GENERAL MANAGER Vs. BHURABHAI VASTABHAI DESAI & ORS

JUDGEMENT

(1.) AS common questions of law and facts are involved in these appeals, they are heard together and disposed of by this common judgment and order.

(2.) THESE appeals are directed against the common judgment and award dated 8.1.2007 passed by 9th Additional Senior Civil Judge, Mahesana in Land Acquisition Reference Case Nos.4398 of 2003 to 4401 of 2003, whereby the Reference Applications were partly allowed and the market value of the land under acquisition was determined at the rate of Rs.27/and accordingly, the appellants were ordered to pay additional compensation to the original claimants at the rate of Rs.22/per sq. mtr.

(3.) THE facts in brief are that State Government on a proposal being made by the appellant sought to acquire the lands situated at Village Kanoda, Taluka Becharaji, District Mahesana for the public purpose of ONGC for drilling site No.BLDY. The notification under Section 4 was published on 30.12.1998 followed by a declaration under Section 6 of the Act which was made on 20.6.1999. The proceedings so initiated culminated into an award passed by the Land Acquisition Officer which was made and declared under Section 11(1) on 31.8.2000. The Land Acquisition Officer awarded Rs.5/per sq. mtr. The original claimants, being dissatisfied with the same, raised a dispute as provided under Section 18 of the Act which came to be registered as Land Acquisition Reference Case Nos.4398 of 2003 to 4401 of 2003 in the Court of 9th Additional Senior Civil Judge, Mahesana. The Reference Court partly allowed the same, as aforesaid. Being aggrieved by the same, the acquiring body, the appellant has preferred these appeals.