STATE OF GUJARAT Vs. MAYURBA JIVUBHA AMARSANG

JUDGEMENT

(1.) THE short facts of the case are that, for acquisition of land at village Sonpari for the purpose of Kharo Irrigation Project, the proposal was moved under the Land Acquisition Act (hereafter 'the Act'). Thereafter, notification under Section 4 of the Act was published on 29.03.1979 and notification under Section 6 was published on 18.03.1980 and the Award was passed on 29.01.1981 by the Special Land Acquisition Officer(hereafter 'the Special LAO') and he awarded compensation at Rs.115 per Are (Rs.1.15ps. per sq.mtr.) for irrigated land, Rs.75/ - per Are (Rs.0.75Ps. per sq.mtr.) for non -irrigated land and Rs. 1 per Are for the waste land. It may be stated that the waste land is not the subject matter of the First Appeal.

(2.) THE claimants/land owners were not satisfied with the compensation awarded by the Special LAO of Rs. 45,000/ - per Hectare (Rs.4.50ps. Per sq. mtr.). The matter was referred to the Reference Court for adjudication. The Reference Court after adjudication did not accept the evidence based on yield method and considered the valuation report and ultimately, found that the claimants are entitled to the additional compensation of Rs. 2.55Ps. for the irrigated land and Rs. 1 per sq. mtr. for the non -irrigated land and thereafter, accordingly passed the Judgment and Award. It is under these circumstances, the present Appeals before this Court by the State.

(3.) HEARD Mr. Chhaya, learned AGP for the appellant and Mr. Upadhyay, for the claimant/respondent herein.