STATE OF GUJARAT Vs. PRAGJI TULSI

JUDGEMENT

(1.) IN the above captioned appeals filed under Section 54 of the Land Acquisition Act, 1894 ("the Act") read with Section 96 of the Civil Procedure Code, 1908, what is challenged is the legality of award dated 30.06.2006 passed by the Reference Court in Land Acquisition Reference Case Nos.443 of 2003 to 456 of 2003. They are being disposed of by this common judgment upon joint request.

(2.) THE common judgment rendered in the 14 compensation cases filed under Section 18 of the Act is in respect of lands of village Khapat of District Jungadh for which notification under Section 4(1) of the Act was issued on 2nd July 1987 followed by the Notification under Section 6 dated 4th December 1987. The Land Acquisition Officer on 29th March 1988 passed the award offering Rs.700/Are (Rs.0.70 per square meter) for non irrigated lands whereas Rs.1000/Are (Rs.1 per square meter) for irrigated lands.

(3.) THE original owners of the land whose lands were acquired and who were dissatisfied with the said award filed applicants for reference to be made u/s 18 of the Act. The learned 3rd Additional Senior Civil Judge, Junagadh, upon receipt of the said references, after considering the facts and circumstances and provisions of law, enhanced the compensation from Rs.700/Are to Rs.984/Are for non -agricultural lands and from Rs.1000/Are to Rs.1310/Are for irrigated lands.