STATE OF GUJARAT Vs. CHAUDHARI SHANKARBHAI DANSANGBHAI

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) These Appeals are directed by the State of Gujarat and the Deputy Collector, Land Acquisition, Dharoi Canal Project, Visnagar, against the common judgment and order of the 3rd Extra Assistant Judge, Mehsana in Land Acquisition Reference Case Nos. 297 of 1989 and 331 of 1989, Main LAR No. 305 of 1989 decided on 24th October, 1996.

(3.) The land acquisition proceedings have been initiated for the purpose of Dharoi Canal Project and the lands situated in the sim of village Chhogala, Taluka Visnagar, District Mehsana, of the claimants, the respondents herein, in these Appeals have been acquired for this Project. The Notification under Sec. 4 of the Land Acquisition Act, 1894, for this acquisition was published in the Government Gazette on 30.5.1985 and the Notification under Sec. 6 was published on 16.7.1987. After issuing the notice under Sec. 9 of the Act to the persons interested in the acquired lands, the Land Acquisition Officer, under its Award dated 29th March, 1988, awarded the compensation to the claimants- sespondents at the rate of Rs. 1.80 per sq. mt. The claimants-respondents were not satisfied with this Award of the Land Acquisition Officer as the amount of compensation awarded to them was not just, adequate, proper and reasonable and as such, they prayed for making a Reference of the matter to the Civil Court and accordingly Reference were made to the Civil Court which came to be decided under the impugned judgment and Award.