STATE OF GUJARAT Vs. AALA NATHUBHAI

JUDGEMENT

(1.) THE present First Appeals are filed challenging the judgment and award dated 25.4.2006 passed by the Principal Civil Judge, Veraval in Land Reference Case No.66 of 2005 to 70 of 2005 granting compensation at the rate of Rs.2329 per Are deducting Rs.350/ - per Are as awarded by the Land Acquisition Officer.

(2.) THE facts in brief are that the land in question is situated at village Chikhli, Taluka Una, District Junagadh, which is owned by the original claimants, who are respondents herein. The said lands have been acquired for public purpose for the Scheme known as "Panch Piplav Bharti Niyantran Yojna". For the purpose of acquisition, the State Government has issued Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act"). The said Notification was published on the Notice Board on 25.8.1998 and in the Official Gazette on 2.10.1998. Thereafter, the Notification under Section 6 was published on 25.3.1999. The Land Acquisition Officer after issuing Notice to the original claimants has passed an Award dated 14.3.2001 in Land Acquisition Case No.25 of 1998 granting compensation at the rate of Rs.350/ - per Are in respect of Jirayat land. The said Award is on record at Exh.18 before the Trial Court.

(3.) FROM the documents produced at Exh.31 to 36, the Notice under Section 12(2) of the said Act was served on the claimants on 19.7.2003. Thereafter, the original claimants have filed Reference on 7.8.2003 under Section 18 of the said Act seeking enhancement of the compensation granted by the Land Acquisition Officer. The claimants have mainly relied on the previous Award dated 3.1.2007 passed in Land Reference Case No.13 of 2003 to 27 of 2003 of the same village Chikhli granting compensation at Rs.2,700/ - per Are for piyat land and Rs.2,025/ - per Are for barat land. In the said land reference case, the Notification under Section 4 of the said Act was issued on 18.2.1997 and the Award by Land Acquisition Officer was passed on 4.1.1998. Further, the Section Officer, Revenue Department, State of Gujarat vide letter dated 21.8.2000 has instructed Special Land Acquisition Officer to implement the Award dated 3.1.2007 passed by the Trial Court. The said communication and the award is produced at Exh.13 before the Trial Court.