LAWS(GJH)-2007-7-278

STATE OF GUJARAT Vs. MANIBEN DAHYABHAI

Decided On July 18, 2007
STATE OF GUJARAT Appellant
V/S
MANIBEN DAHYABHAI Respondents

JUDGEMENT

(1.) The State of Gujarat, through the Secretary, Narmada Water Resources, Water Supply and Kalpsar Department and its functionaries (original opponents) have filed these appeals against the judgment and decree dated 31.12.2004 passed by the learned Civil Judge (SD), Bharuch, in L.A.R. Nos. 1495 to 1516 of 1997, main L.A.R. No.1495 of 1997. By the impugned judgment, the learned Judge was pleased to allow the Reference Applications partly with proportionate costs. The learned Judge has also held that the claimants are entitled to receive the amount of Rs.1750/- per Are (Rs.17.50 per sq.mtr.) in all for the acquired land. It may be noted that in that case, the Land Acquisition Officer has awarded Rs.390/- per Are (Rs.3.90 per sq.mtr.), which means that the learned Judge has awarded additional amount of Rs.13.40/- per sq.mtr. in this behalf. The learned Judge has also directed that the claimants are entitled to get increase at the rate of 12% per annum from the date of publication of the notification under Sec.4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short)i.e.26th May 1993 to the date of award passed by the Special Land Acquisition Officer, i.e. 31.5.1995 as provided under Sec.23(1-A) of the Act.

(2.) I have heard Mr.Sunit Shah, learned Govt.Pleader and Ms.Reeta Chandarana, learned AGP appearing on behalf of the appellants and Mr.A.J.Patel, learned Sr.Counsel appearing on behalf of the respondents-claimants.

(3.) Appeals are admitted. Mr.A.J.Patel, learned Sr.Counsel waives service of notice of admission on behalf of the respondents-claimants. With the consent of the parties, these matters are taken up for final hearing and disposal and for that purpose, learned AGP has produced the judgment of this Court [Coram: J.M.Panchal, (as he then was) & Smt.Abhilasha Kumari, JJ.) in the case of State of Gujarat & 1 v. Ambalal Alias Ambubhai Dahyabhai Patel & 1 decided on 27th Feb.2007.