AJITSINH ANDUBHA Vs. SPL LAQ OFFICER

JUDGEMENT

(1.) THESE aforesaid First Appeals arising out of the common judgment and award passed by the learned Second Extra Assistant Judge, Special Judge (L.A.R.), Ahmedabad (Rural), Ahmedabad dated 29.9.2001 in Land Acquisition Reference No.2100 of 1996 to 2127 of 1996 (in 28 References).

(2.) IT appears from the facts and circumstances of the case that the land in question, was acquired by the Government for Narmada Project (Main Canal) and therefore, Notification was published under Section 4 of the Land Acquisition Act on 11.2.1993. Thereafter, Section 6 Notification was published on 9.11.1994. The claims made by the claimants was as tall as Rs.25/ - per Sq. Mtr., whereas it was given by the Land Acquisition Officer at Rs.0.60Ps. per Sq. Mtr. Thereafter, aforesaid Reference Cases were preferred before the learned trial Court. The learned trial Court has awarded Rs.5/ - per Sq. Mtr. as additional compensation. Thus, the total compensation comes to Rs.5.60 Ps. It also appears that the learned trial Court has relied upon exhibit 31, 32 and 61 and has arrived at aforesaid decision.

(3.) I have heard the learned counsel appearing for both the parties and looking to the facts and circumstances of the case, it appears that the land situated at village Sarvar, Ta. Dhandhuka was acquired for the same purpose and the matter was arisen out of this Land Acquisition Reference Cases reached upto this Court and this Court in First Appeals No.2384 of 2005 to 2389 of 2005 decided on 25.8.2005 for village Sarvar situated the very same taluka and the compensation was awarded at Rs.17.10 Ps. per Sq. Mtr. It also appears that while deciding these First Appeals by the Division Bench of this Court, reliance was placed upon the decision rendered by this in First Appeal Nos.1979 of 2005 to 1992 of 2005 (these First Appeals are arisen out of the acquisition of land situated at village Zaliya, situated in the same Taluka). Thus, on the basis of this judgment, in the First Appeals, aforesaid decision was rendered for village Sarvar and Rs.17.10 Ps. was awarded.