STATE OF GUJARAT Vs. THAKORBHAI PARSOTTAMDAS

JUDGEMENT

(1.) The State of Gujarat, through the Deputy Secretary, Narmada W.S. & W.R. Department, and the Special Land Acquisition Officer, Narmada Project, appellants, have filed these First Appeals under Sec.54 of th Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') challenging the common judgment and award dated 31st Dec.2004 passed by the learned Civil Judge (SD), Bharuch in Land Reference Case Nos.159 to 173 of 1996, the main case being Land Reference Case No.159 of 1996. By the impugned judgment, the learned Judge was pleased to partly allow the reference applications with proportionate costs. By the said judgment and order, the learned Judge has awarded Rs.1598/- per Are for the acquired lands.

(2.) I have heard Ms.Reeta Chandarana, Mr.Apurva Dave and Mr.Kalpesh Pandit, learned AGPs appearing on behalf of the appellants in this behalf. I have also heard Mr.A.J.Patel, learned Sr.Counsel appearing for respondents-claimants.

(3.) The learned AGPs for the appellants have stated that the lands admeasuring 23352 sq.mtrs. of village Gajera, District Bharuch, were proposed to be acquired for the public purpose of Narmada Dam by the State Government. The notification under Sec.4 of the Act, for the said purpose was issued on 16th June 1992. Thereafter, the necessary inquiry was conducted under Sec.5(A)2 of the Act was conducted and on the basis of the report submitted by the Special Land Acquisition Officer, notification under Sec.6 of the Act was published in the Official Gazette on 24th June 1993. Thereafter, after following due procedure under the Act, ultimately, the Special Land Acquisition Officer awarded Rs.390/- per Are, i.e. Rs.3.90 per sq.mtr. for the acquired land.