RAVJIBHAI NATVARBHAI PATEL Vs. SPECIAL LAQ OFFICER

JUDGEMENT

(1.) FIRST Appeal Nos.3202/06 to 3204/06 are filed by the claimants under Section 54 of the Land Acquisition Act, 1894 ("the Act" for short) read with Section 96 of the Code of Civil Procedure, 1908 where their claim is that the Reference Court committed error in awarding only Rs.55/ - as additional compensation to them for their acquired lands, over and above compensation awarded to them by the Special Land Acquisition Officer at the rate of Rs.16.50 Ps. per sq.mt. by his award dated May 7,2001 and that they should be awarded further additional amount of compensation at the rate of Rs.94.10 Ps. per sq.mt. for their acquired lands. Civil Application Nos.476/07 to 478/07 are filed by the claimants in the above numbered appeals under Order 41 Rule 27 of the Code of Civil Procedure, 1908 praying that they be allowed to adduce additional documentary evidence as mentioned in the applications at the appellate stage, in the interest of justice.

(2.) WHAT is challenged in First Appeal No.3809/06 to 3812/06 filed under Section 54 of the Act read with Section 96 of the Code of Civil Procedure is the legality of award dated August 8,2005 rendered by the Reference Court by which the claimants have been awarded additional amount of compensation at the rate of Rs.47.30 Ps. per sq.mt. for their acquired lands, over and above compensation offered to them at the rate of Rs.22/ - per.sq.mt. by the Special Land Acquisition Officer vide his award dated January 25,2002.

(3.) FROM the record of the case it is evident that all the abovereferredto proceedings relate to acquisition of lands situated at village Uvarsad, Taluka and District Gandhinagar for the public purpose of well drilling by O.N.G.C., and drilling of Well No.EDW -4 of ONGC. The record further shows that while passing the impugned award, the Reference Court has relied upon previous award of the Reference Court relating to the lands of village Uvarsad in Land Acquisition Reference No.30/99. As common questions of facts and law arise for determination of this Court, this Court proposes to dispose of the above numbered proceedings, with the consent of the learned advocates for the parties, by this common judgment.