CHAUDHARI JESINGBHAI RAGHABHAI Vs. DY. COLLECTOR, LAO

JUDGEMENT

(1.) The appellants who are original claimants, have filed this group of first appeals under Sec. 54 of the Land Acquisition Act, 1894 (for short the Act) read with Sec. 96 of the Code of Civil Procedure, challenging the common judgment and award dated 23.2.1995, passed by the learned 3rd Joint District Judge, Mehsana in a group of 83 Land Acquisition Reference Case Nos 831/91 to 913/91. Out of the above 83 Land Acquisition Reference Cases, claimants in 44 cases have challenged the common judgment and award by way of these appeals. Respective First Appeal Nos. and the corresponding Land Acquisition Reference Cases are as under: <FRM>JUDGEMENT_80_LAWS(GJH)7_1997.html</FRM>

(2.) Executive Engineer, Mukteshwar Canal Yojana, Palanpur, proposed for acquistion of the lands of the claimants of Village Chelana, Taluka Kheralu, District Mehsana for the purpose of preparing Mukteshwar Canal Notification under Sec. 4 of the Act was published in the Government Gazette on 8 6 1989 and notification under Sec. 6 of the Act was published on 19.4.1990. After following the formalities, the Land Acquisition Officer (for short LAO) initiated proceedings and passed the awardon 18.2.1991, whereby the LAO awarded compensation to the claimants for their acquired lands at Re. 1.11 ps. Re. 1-60 ps. and Re. 1-77 ps. for different categories of lands. The claimants requested the LAO to make references under Sec. 18 of the Act to the District Court. The said references were numbered in the District Court at Mehsana as stated above.

(3.) The opponent-acquiring body filed its written objection at Ex. 4 inter alia contending that the Spl. LAO had considered all the relevant factors governing fixation of compensation and had awarded the miximum possible compensation to the claimants. It was averred that the lands under acquisition are not so fertile and the claim canvassed by the claimants was exorbitant.