SPECIAL LAND ACQUISITION OFFICER Vs. VISHNUBHAI MAGANDAS PATEL

JUDGEMENT

(1.) THESE appeals are filed by the appellant State of Gujarat under Section 54 of the Land Acquisition Act read with Section 96 CPC, challenging the common judgment and awards passed by the Reference Court under Section 18 of the said Act.

(2.) THE lands in question were required for construction of Narmada Canal Project. Hence, proceedings under the Land Acquisition Act, 1894 [hereinafter referred to as the "act"] were initiated. Notification under Section 4 of the Act was published on 3rd April, 1998 and declaration under Section 6 of the Act was published on 4th September, 1998. The Special Land Acquisition Officer on completion of all the legal formalities pronounced the award on 26th April, 1999.

(3.) LEARNED counsel for the appellant - State has relied upon an award passed in L. A. Case No. 26/1994 and group matters dated 18. 10. 1996. The said award pertained to lands situated in Village Madresana, Taluka Viramgam, District Ahmedabad wherein, the reference Court has granted total compensation of Rs. 23 per sqr. mtr for the acquired lands. Learned counsel has submitted that the Notification u/s. 4 of the Act in the award referred to herein above was published on 03. 06. 1995 and in the present case, it was published on 03. 04. 1998. Therefore, the award passed in the aforesaid reference case deserve to be applied to the case on hand and consequently, the compensation deserves to be reduced.