EXECUTIVE ENGINEER Vs. RASIDBHAI GULAM MAHMMAD MATADAR

JUDGEMENT

(1.) THE appellants have challenged the common judgment and award dated 13.5.2005 passed by the learned Joint District Judge, Fast Track Court, Bharuch in Land Reference Case Nos.135 of 1998 and 136 of 1998 alongwith other References. By which, the Reference Court has awarded compensation of the land at the rate of Rs.18/ - per Sq.Mtr. The Reference Court has given judgment in Land Reference Case No.135 of 1998 to 141 of 1998. The appellants are challenging the aforesaid common judgment and other qua Land Reference Case Nos. 135 of 1998 136 of 1998.

(2.) THE lands of the claimants are situated at village Kapodara, Taluka Ankleshwar, District Bharuch and the same were acquired for the purpose of widening the National Highway No.8 for the starch of Baroda -Surat -Mumbai for converting the 2 lane road into 4 lane road. The Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for short) was published on 26.12.1991. Thereafter, Notification under Section 6 of the Act was published on 3.12.1992 and the Land Acquisition Officer by his award dated 31.12.1993 was pleased to award Rs.9/ - per Sq.Mtr., for agricultural lands and Rs.11/ - per Sq.Mtr. for non -agricultural land.

(3.) BEING aggrieved by and dissatisfied with the aforesaid award of the Land Acquisition Officer, the claimants have preferred References before the District Court for enhancement of the compensation under Section 18 of the Act and the said References were numbered as Land Reference Case Nos. 135 of 1998 to 141 of 1998 and the evidences were led in main Reference Case No.135 of 1998/ The Reference Court after considering the documentary and oral evidences and considering the previous award, by his judgment and award dated 13.5.2005 was pleased to award an amount of Rs.18/ - per Sq.Mtr. for all the lands. The appellants have challenged the said judgment and award by way of these First Appeals.