LAWS(GJH)-1997-1-48

STATE OF GUJARAT Vs. MOTIBEN RAVAMALJI

Decided On January 30, 1997
STATE OF GUJARAT Appellant
V/S
MOTIBEN RAVAMALJI Respondents

JUDGEMENT

(1.) By means of this group of appeals under Sec. 54 of the Land Acquisition Act (hereinafter referred to as 'the Act') read with Sec. 96 of the Code of Civil Procedure, the State has challenged the common judgment and award dated April 23, 1981, passed by the learned District Judge, Jamnagar, in Land Acquisition Cases Nos. 1 of 1981 to 7 of 1981, whereby the learned District Judge has partly allowed the land references and awarded to the claimants Rs. 3500/- per hectare as additional compensation along with interest and costs. In Land Acquisition Cases Nos. 1 of 1981 and 4 of 1981, the claimants were awarded Rs. 2500/- each as compensation in respect of the wells situated on the acquired lands.

(2.) As the all the seven appeals arise out of common judgment and award, and common question of fact and law are involved, the same are disposed of by this common judgment.

(3.) The Executive Engineer, Panchayat Division, Jamnagar, had proposed the acquisition of the land situated at village Sanosara, Taluka Dhrol, for construction of the Gadhaka Irrigation Scheme, Notification under Sec. 4 of the Act was published in the government gazette on November 11, 1977, whereas notification under Sec. 6 of the Act was published on October 5, 1978. The Land Acquisition Officer had awarded to the claimants Rs. 1080 per hectare as market price of the acquired land. The Land Acquisition Officer also awarded to the claimants Rs. 10 to Rs. 15 per tree which were standing on the respective lands.