SPECIAL LAND ACQUISITION OFFICER Vs. PATEL HARESHBHAI MULJIBHAI

JUDGEMENT

(1.) HEARD learned AGPs Mr. Raval and Mr. Sharma for appellant State authority and Mr. SP Majmudar learned advocate for respondents -claimants in appeals and respective cross objections filed by claimants. Learned Advocate Mr. Majmudar for claimants submitted that in respect of each appeal filed by appellant State, respondents claimants have filed cross objection. He further submitted that in some of cross objection filed by claimants, court fee stamp has not been affixed, therefore, such cross objections have been dismissed for default on ground of non payment of court fees and he will file application for restoration of such cross objections which have been dismissed by this Court for default on said ground. Today, this Court has taken up first appeals and those cross objections which have been notified before this Court, by registry of this Court.

(2.) BY filing aforesaid first appeals, appellant State Authority has challenged judgment and award dated 31.8.2005 passed by reference court, Bharuch in LAR No. 1142/98 to 1155/98, (Main LAR No. 1142/98), decided on 31st August, 2005, wherein reference court awarded compensation of Rs. 125.00 per square meter viz. Rs. 12,5000.00 per Are including amount already awarded by special land acquisition officer. Therefore, these appeals and cross objections are arising from said judgment and award made by reference court, Bharuch Exh. 79.

(3.) BRIEF facts of present group of appeals are to effect that lands of original claimants situated in sim of village Jhadeshwar, Taluka and District Bharuch were acquired for purpose of construction of a canal under Narmada Yojna Branch of Jhadeshwar Distributory. Notification under Section 4 and 6 were published on 30.11.95 and 30.9.1996 respectively. Special Land Acquisition Officer made award dated 20.10.97 and awarded compensation of Rs. 2100.00 per Are for acquired lands against which aforesaid references were made by claimants wherein reference court made aforesaid award which is under challenge in these appeals and cross objections filed by Respondents claimants.