LAWS(GJH)-2006-7-38

STATE OF GUJARAT Vs. MAGANBHAI KODARBHAI SUTHAR

Decided On July 24, 2006
STATE OF GUJARAT Appellant
V/S
MAGANBHAI KODARBHAI SUTHAR Respondents

JUDGEMENT

(1.) By filing these appeals under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure the State has challenged the common judgment and order dated 21.07.1989 passed by the learned Assistant Judge, Sabarkantha at Himatnagar in Land Acquisition Reference Case Nos.552 of 567 of 1992 by which the said reference cases were partly allowed. The learned Judge has fixed Rs.21 per square meter as the appropriate market value of the land and granted Rs.18.50 as additional amount of compensation and also granted amount of interest and solatium as per law.

(2.) So far as First Appeal Nos.2210 of 2001 and 2216 of 2001 are concerned, as per the office endorsement sole respondent has died since long and the State Government has not taken any action in bringing his heirs on record. In this view of the matter, the said appeals are dismissed as having been abated. So far as the rest of the appeals are concerned, since the respondents have been served, the aforesaid first appeals are being decided on merits by this common judgment and order.

(3.) On behalf of the State certain agricultural lands were sought to be acquired for Dharoi-Vatrak Irrigation Project. Section 4 notification was published on 16.7.1988. The Land Acquisition Officer declared his award on 31.7.1990. In his award he fixed the amount of compensation at Rs.2.50 per square meter as against the demand of Rs.100 per square meter. Since the landowners were not satisfied by the aforesaid amount awarded by the Land Acquisition Officer, at their request, the Reference was made to the District Court under Section 18 of the Land Acquisition Act.