SPECIAL LAND ACQUISITION OFFICER Vs. PRATAPJI H THAKORE

JUDGEMENT

(1.) All these 26 First Appeals and 26 Cross Objections filed therein are directed against the common judgment and order dated 31st July, 1995 passed by the learned Assistant Judge, Mehsana, in Land Acquisition Reference Cases Nos. 133 to 138, 140 to 145, 300, 307 to 313, 514 to 518/90,. Whereas the appeals and Cross Objections arise out of a common judgment and order as aforesaid and involve common questions of law based on identical facts, we propose to decide all these 26 First Appeals and 26 Cross-Objections by this common judgment and order.

(2.) The lands situated at village Saij, Taluka-Kalol, District Mehsana, were sought to be acquired for the public purpose for ONGC storage Tank. The Notification under section 4 of the Land Acquisition Act, was published in the Gazette dated 1st April 1986 for acquisition of the lands mentioned therein and the Notification under section 6 of the Land Acquisition Act was published in the Gazette dated 8th August 1986. The notices under section 9 of the Act were issued to the claimants and after hearing the claimants and other parties, the Land Acquisition Officer passed the Award on 6th October, 1988, awarding compensation at the rate of Rs.6.00 per Sq.Mt. Against this Award passed by the Land Acquisition Officer, the claimants made Reference Application under section 18 of the Act for enhancement of the compensation, because according to them, the compensation awarded by the Land Acquisition Officer was not adequate. According to the claimants, the lands were fertile and it is their case that they were taking three crops out of these lands. It is also their case that the lands were situated in the village Saij, which is a developed village near Kalol Township and that the lands are also situated adjoining Ahmedabad-Mehsana Highway and GIDC Shed is situated on the Eastern side of the road. It is also their case that the the Industries like Mahendra Mills, Satyam Cinema are also situated in the sim of village Saij and GIDC Estate is also situated in the sim of village-Saij, and IFCO and ONGC Storage are also situated adjoining the acquired lands in the same village. On the premise as aforesaid, the claimants pointed out that the compensation given by the Land Acquisition Officer was not adequate and they should have been given compensation at the rate of Rs.200.00 per Sq.Mt. The aforesaid claim of the claimants was traversed by the Special Land Acquisition Officer, on whose behalf, while denying the allegations of the claimants, it was contended that the compensation awarded by the Land Acquisition Officer was adequate and the Reference Application should be dismissed.

(3.) The Reference Court framed the following issues for its determination :