DEPUTY COLLECTOR Vs. DAMOR MANABHAI LAKHABHAI

JUDGEMENT

(1.) The present group of First Appeals has been filed under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'the Act') read with section 96 of the Civil Procedure Code, 1908 being aggrieved with the impugned judgment and award passed by Principal Senior Civil Judge, Panchmahals at Godhra (hereinafter referred to as 'the Reference Court') in Land Acquisition Reference Nos.143 to 149 of 2005 (LAR No.143/2005 main) dated 15.09.2009 on the grounds stated in these appeals.

(2.) The brief facts of the case are that the lands of the original claimants situated at Village : Ankaliya, Taluka : Kadana, District : Bharuch have been acquired for the public purpose i.e. for the construction of Kadana Right Bank Minor Canal. The notifications under Sections 4 and 6 of the Act were published on 02.08.2002 and 07.02.2003 respectively. The Special Land Acquisition Officer passed his award under Section 11 of the Act on 12.05.2003 of Rs. 80,000/- per Hector i.e. Rs. 8/- per Sq.Mtrs. Against which, the original claimants made reference before the Reference Court under Section 18 of the Act for the additional compensation. The Reference Court granted additional compensation of Rs. 147/- per Sq.Mtrs. for the acquired land, which has been assailed in the present group of First Appeals.

(3.) Heard learned AGP Shri P.P. Banaji for the appellants and learned counsel, Shri Vijay Raval for the original claimants.