SPECIAL LAQ OFFICER Vs. PATEL PRAVINBHAI AMTHARAM

JUDGEMENT

(1.) There is delay in filing these appeals. Learned counsel for the appellants submitted that he has already filed applications for condonation of delay in filing these appeals. To consider as to whether the delay in filing the appeals has to be condoned or not, I consider it necessary to see whether the appeals themselves have any merit or not, which warrants admission of the appeals. On 23rd June, 1998 arguments were heard on merits of the matter for admission, and the order was kept C.A.V. Civil Applications for condonation of delay have been presented on 24th June, 1998.

(2.) These first appeals have arisen out of the common award and judgment dated 1st February, 1997 made by the 3rd Extra Assistant Judge, Mehsana under which land acquisition reference cases No. 276/89 to 294/89 have been decided. These reference cases were consolidated by the reference Court and main Land Reference Case was taken to be 276/89.

(3.) Land acquisition proceedings were initiated for acquisition of the land which are subject matter of these appeal for the purpose of Vadnagar Kahipur Jantral road. The lands of the claimants which are acquired are situated in the sim of village Vadnagar, Taluka Kheralu in Mehsana District. Section 4 notification under the Land Acquisition Act, 1894 was published on 15.12.1983. Section 6 notification came to be published on 8.7.1986. The Land Acquisition Officer had issued notice under Sec. 9 of the Act to the pejsons interested in the acquired land. The claimants have filed the claim applications before the Land Acquisition Officer. The Land Acquisition Officer had issued notice under Sec. 9 of the Act to the persons interested in the acquired land. The claimants have filed the claim applications before the Land Acquisition Officer. The Land Acquisition Officer, under his award dated 29th March, 1988 awarded compensation to the claimants at the rate of Rs. 1.10 per sq.mt. At the instance of the claimants reference has been made under Sec. 18 of the Land Acquisition Act to the Civil Court. Before the reference Court the claimants claimed compensation at the rate of Rs. 10 per sq. mt. In support of their claim the claimants produced before the reference Court extract of village Form No. 7/12 vide Exh. 26 to 44, certified copy of the judgment of the Civil Court at Mehsana in Land Acquisition Reference No. 240/88 to 243/88, copy of the price list at Exh. 25 and certificate of the Talati cum Mantri Exh. 27 regarding destruction of record due to fire. In the oral evidence, one Patel Pravinbhai Amtaram was examined at Exh. 24. From the side of the opponent State (appellant herein) neither oral evidence nor any documentary evidence was produced. The opponent State has closed its evidence by pursis Exh. 46. The claimants, before the reference Court, endeavoured to establish market price of the land acquired on the basis of method of capitalisation. However, during the course of argument, learned counsel who was appearing for the claimants contended that in respect of land of the village Vadnagar which have been acquired by the Stale Government for the very project, the District Court, Mehsana, in the land acquisition reference cases No. 240/88 to 243/88 award compensation at the rate of Rs. 10 per sq. mt. and on the basis of that judgment of the reference Court in these cases also the claimants should be awarded compensation for acquisition of their land at the rate of Rs. 10 per sq. mt. The judgment of reference Court in respect of lands of village Vadnagar has been submitted at Exh. 9. Relying on this judgment, in these matters the reference Court held that the claimants are entitled to compensation at the rate of Rs. 10 per sqmt. Reference Court has also made reference to the decision of this Court in the case of Officer on Special Duty (Land Acquisition), GIDC, Ahmedabad vs. Jamkuben Kalidas Sodha & Anr., reported in 1992 (1)GLH 417.