EXECUTIVE ENGINEER Vs. VANSH MULSINH MOTISINH

JUDGEMENT

(1.) Both these First appeals as well as the cross objection arise out of the common judgement and award dated 13th January, 1986 passed by the learned Assistant Judge, Sabarkantha, in Land Reference Cases No.12 of 1983 and 123 of 1983. Hence, the said appeals and cross objection were heard together and are disposed of by this common judgement and order.

(2.) Pursuant to a proposal submitted by the Executive Engineer, Gujarat Electricity Board (G.E.B.), Mehsana, for acquisition of lands of Survey No.375/3 part and 373/1 part situated in the sim of Mouje Vijaynagar, Taluka: Vijaynagar, Sub-District: Bhiloda, District: Sabarkantha, (hereinafter referred to as the "acquired lands") for the purpose of setting up a 66KV Sub-Station, proceedings for acquisition of the said lands were initiated. Notification under Section 4 of the Land Acquisition Act, 1894 (the Act) was issued on 6.10.1981 and was published in the Official Gazette on 10.12.1981. Declaration under Section 6 of the Act was issued on 5.5.1982 and the same was published in the Official Gazette on 1.7.1982. Thereafter, notices under Section 9 of the Act were issued, and after hearing the parties who appeared in response to the said notices, the Deputy Collector, Himmatnagar Division, Himmatnagar, declared award under Section 11 of the Act on 29.6.1982 and offered compensation at the rate of Rs.400/- per Are for the non-agricultural land of Survey No.375/3 and Rs.160/- per Are for the agricultural land of Survey No.373/1, considering the same to be irrigated jirayat land.

(3.) Being dissatisfied and aggrieved by the offer made by the Deputy Collector, the claimants moved applications before the Deputy Collector under Section 18 of the Act, to refer the matter relating to the determination of market value of acquired lands to the concerned Court.