EXECUTIVE ENGINEER, GUJARAT ELECTRICITY BOARD NOW GUJARAT STATE ELECTRICITY CORPORATION LIMITED Vs. LEGAL HEIRS OF KOYABHAI BUDHABHAI PARMAR

JUDGEMENT

(1.) All these appeals are directed against the common judgment and award dated 29.12.2017 passed by the learned Third Additional Senior Civil Judge, Kheda at Nadiad in Land Acquisition References No.105 of 2006 to 149 of 2006, whereby the reference applications have been partly allowed and the market value of the acquired lands has been determined at Rs.172/- per square metre together with other statutory benefits. Since all the appeals arise out of a common judgment and the facts and contentions are also common, the same were taken up for hearing together.

(2.) The appellant herein namely Gujarat Electricity Board, Vanakbori Thermal Power Station, Thasra (now Sevaliya) is the acquiring body. The Chief Engineer of the appellant made a proposal for permanent acquisition of agricultural lands of village Sangol, Taluka Thasra (now Sevaliya), District Kheda for the purpose of construction of Gujarat Electricity Board, Vanakbori Thermal Power Station in Ash Dyke Stage-3. Pursuant thereto, notification under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") came to be published on 25.3.1999 and the declaration under section 6 thereof came to be published on 14.3.2000. The Special Land Acquisition Officer passed an award under section 11 of the Act on 22.3.2002 determining the market value at Rs.9/- per square metre.

(3.) Not being satisfied with the offer made by the Land Acquisition Officer, the respondents-claimants filed reference applications under section 18 of the Act before the Collector, which came to be referred to the reference court. Before the reference court, it was contended on behalf of the appellant that the reference was barred by limitation. The reference court, after appreciating the evidence on record, held that the references had been filed within the period of limitation and determined the market value of the acquired lands at Rs.172/- per square metre. Being aggrieved, the appellant, which is the acquiring body, has filed the present appeals.