SPECIAL LAND ACQUISITION OFFICER Vs. INDRAVADAN NARSINHBHAI PATEL

JUDGEMENT

(1.) THE State of Gujarat and others have preferred appeals challenging the common judgment and award of the Reference Court, Baroda in Land Reference Case Nos. 1505 of 1999 to 1510 of 1999, by which the Reference Court has awarded additional amount of compensation at the rate of Rs.17.50 per Sq.Mtr., appellant has also challenged the award for severance, awarded at the rate of 1/6th of the market price.

(2.) IN the present case, the Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for short) was issued on 10.8.1995 by the State Government for acquiring the land for the purpose of construction of Bharuch Canal for the Narmada Project passing through village Mudhela in Taluka Savli, District Vadodara. Thereafter, the notification under Section 6 of the Act was published in the Government Gazette on 10.10.1996, finally acquiring the land for the said purpose. Thereafter, public notice under Section 9 of the Act for compensation was published, the Land Acquisition Officer has confirmed the common judgment and award in Case No.246 of 1995 and other group of matters on 12.12.1997. By the said award, the Land Acquisition Officer has awarded compensation of the land at the rate of Rs.4.50 per Sq.Mtr., for irrigated land and Rs.3/ - per Sq.Mtr. for non -irrigated land.

(3.) BEING aggrieved by and dissatisfied with the aforesaid award, the claimants have filed References under Section 18 of the Act. The said References were numbered as Land Reference Case Nos. 1505 of 1999 to 1510 of 1999. The evidence was led in Land Reference Case No.1506 of 1999. After considering the evidence on record produced by both the parties, the Reference Court, i.e. 9th Additional Civil Judge, Vadodara by his judgment and order dated 6.12.2006 awarded additional amount of compensation at the rate of Rs.17.50 ps. per Sq. Mtr. The Reference Court has also awarded compensation for the damages of cost to the claimants for severance of their lands at the rate of 1/6th of the market price and also passed consequential order including of interest.