STATE OF GUJARAT Vs. AMBABEN, SHANKARBHAI DABHAIBHAI

JUDGEMENT

(1.) THE present First Appeals arise under the Land Acquisition Act read with the provisions of C.P.C., from the judgement and award of the Reference Court dated 31.12.2004 in Land Acquisition Reference No.1979 of 1997 to 1993 of 1997, excluding the Land Reference Nos.1980, 1982, 1985 and 1987 of 1997.

(2.) HEARD Mr.Shah, learned Government Pleader with Mr.Chhaya, learned AGP for the appellant State and Mr.Jayesh M. Patel for Mr.A.J.Patel, learned Counsel appearing for the original claimants/respondents herein.

(3.) IT appears that the lands in question situated at Village Gajera, Taluka Jambusa, District Bharuch were proposed to be acquired and ultimately the Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as "the Act") was published on 27.3.1996 and the Notification under Section 6 of the Act was published on 8.8.1996. The award was passed by the Land Acquisition Officer on 27.3.1997 and he fixed the price of the land at Rs.3.04 per sq. mtrs. The claimant being aggrieved by the decision of the Land Acquisition Officer in the award claimed the compensation at the rate of Rs.100/ - per sq. mtrs. The matter was referred to the Reference Court and the Reference Court having relied upon the earlier decision for Village Umra, ultimately has fixed the compensation at Rs.22.83 per sq. mtrs. plus the solatium and the interest and it is under these circumstances the present appeals.