STATE OF GUJARAT Vs. BHARATBHAI CHATURBHAI

JUDGEMENT

(1.) State of Gujarat through the Secretary, Narmada Water Resources, Water Supply and Kalpsar Department, Sachivalaya, Gandhinagar and others, appellants have filed this appeals against the judgment and award dated 25/3/2004 passed by the learned Joint District Judge, Bharuch, 2nd Fast Track Court, Rajpipla in Main Land Reference Case No.1987 of 1992 and other allied matters. By the impugned judgment, the learned Judge was pleased to partly allow the Land Acquisition Reference Cases and awarded Rs.800/- per ARE and also subsequent benefits under the provisions of Land Acquisition Act.

(2.) Ms.Reeta Chandarana, learned AGP appears for the State Government. She has stated that State Government has decided to acquire the land of village Kambodia, Taluka-Valia, District-Bharuch for the purpose of Baldeva Irrigation Project. She has further stated that there are three sets of matters. 1) Land Reference Acquisition Case Nos.1975 of 1992 to 1980 of 1992 in which the Government has issued Notification under Section 4 on 5/4/1990, 2) Land Reference Acquisition Case Nos.1981 of 1992 to 1987 of 1992 in which the Government has issued Notification under Section 4 on 22/3/1990 and 3) Land Reference Acquisition Case Nos.1997 of 1992 to 2005 of 1992 in which the Government has issued Notification under Section 4 on 26/8/1990 and in Land Reference Acquisition Case Nos.2006 of 1992 to 2011 of 1992, the Government has issued Notification under Section 4 on 5/4/1990. After going through the evidence laid by the claimants, the Special Land Acquisition Officer by his award dated 19/3/1991 awarded compensation at the rate of Rs.150/- per ARE i.e. Rs.1.50 per sq. mtr. As the claimants felt that the said compensation was inadequate, they filed Reference Cases before the learned District Judge, Bharuch claiming Rs.1,500/- per ARE i.e. Rs.15.00 per sq. mtr. The learned District Judge by his judgment and award dated 25/3/2004, has awarded compensation in all at the rate of Rs.800/- per ARE i.e. Rs.8/- per sq. mtr., including the award passed by the Special Land Acquisition Officer.

(3.) Appeals were placed for hearing before this Court and on 29/6/2007 this Court has admitted the appeals. Ms.Reeta Chandarana, learned AGP has stated that the learned Trial Judge has relied upon certain awards passed earlier and against that, the State Government has not filed any appeal and therefore, this matters may be placed for hearing and final disposal.