LAWS(GJH)-2016-7-139

GANDABHAI BHARATBHAI BHARWAD Vs. SPECIAL LAND ACQUISION OFFICER

Decided On July 22, 2016
Gandabhai Bharatbhai Bharwad Appellant
V/S
Special Land Acquision Officer Respondents

JUDGEMENT

(1.) As both these appeals arise out of the impugned judgment and award passed by the learned Principal Senior Civil Judge, Kheda Nadiad ­ learned Reference Court passed in LAR No. 180 of 2002, both these appeals are decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Reference Court learned Principal Senior Civil Judge, Kheda Nadiad passed in Land Acquisition Reference Case No. 180 of 2002, by which, learned Reference Court has enhanced the amount of compensation and has awarded compensation at Rs. 120 per sq mtr with all other statutory benefits which may be available under the Act, the appellant ­ original claimants have preferred First Appeal No. 1448 of 2016.

(3.) The land situated at village Kanera District Kheda came to be acquired under the provision of Land Acquisition Act (hereinafter referred to as the "Act") for the purpose of storage of petroleum products of Bharat Petroleum Company Limited (acquiring body). That the notification under Section 4 of the Act came to be published on 19.05.1999. That the notification under Section 6 of the Act came to be published on 10.05.2000. That the Special Land Acquisition Officer declared the award under Section 11 of the Act on 23.03.2002 awarding compensation determining the market price of the lands at Rs. 15 per sq mtr. That at the instance of the original claimants, Reference under Section 18 of the Act was made to the learned District Court, Kheda, which was numbered as LAR No. 180 of 2002, which was subsequently transferred to learned Principal Senior Civil Judge, Kheda at Nadiad.