SPECIAL LAND ACQUISITION OFFICER Vs. KANUJI AMARSING THAKOR

JUDGEMENT

(1.) Admit. Learned advocate, Mr. A.J. Patel waives service on behalf of the respondents in entire group of 22 appeals. Upon joint request and considering the peculiar facts and special circumstances, the entire group of 22 appeals is taken up for final hearing forthwith.

(2.) In this batch of 22 appeals under Sec. 54 of the Land Acquisition Act, 1894 (Act), common questions are involved and also the appeals arise out of common judgment and award of the Second Extra-Assistant Judge, Mehsana in L.A.R. Cases No. 134 of 1992 to 150 of 1992 and L.A.R. Cases No. 166 of 1993 to 170 of 1993 passed on 18.11.1995.

(3.) A resume of relevant and material facts leading to the rise of this batch of 22 appeals may be stated at the outset. The appellant in all appeals is the original opponent, Special Land Acquisition Officer, Mehsana, who acquired lands pursuant to a notification under Sec. 4(1) of the Act published on 9.4.1990 and followed by a notification under Sec. 6 of the Act dated 7.9.1990 in respect of several parcels of land in village Verkhadia in Kadi Taluka, District-Mehsana after observing necessary formalities. The Land Acquisition Officer offered and awarded 0.86 ps. per sq. meter of an acquired Land by his award dated 30th March, 1991. The respondents who are original-claimants, inter alia, contending in view of the geographical situation, the irrigated nature of land having three crops a year, and the infrastructural facilities available in the village, had demanded an amount of Rs. 30/- per sq. mtr. of the land against which Land Acquisition Officer awarded 0.86 ps., with the result reference under Sec. 18 of the Act came to be made. The Reference Court by its common judgment and award dated 18.11.1995 awarded additional amount of Rs. 9.14 ps. per sq. mtr. Thus the claimants in all got the amount of compensation at the rate of Rs. 10.00 per sq. mtr. of land and interest and other incidental benefits available to them under the Act. The original-opponent, Land Acquisition Officer, being aggrieved by the said common judgment and award of the Reference Court at Mehsana, has now come up before this Court challenging the validity and legality by filing this batch of 22 appeals under Sec. 54 of the Act.