SPECIAL LAND ACQUISITION OFFICER Vs. RAVAL JAYANTIBHAI MAFATLAL

JUDGEMENT

(1.) Heard learned Additional Government Pleader Mr. Umesh A. Trivedi for appellants and Mr. A. V. Prajapati learned Advocate for respondents-claimants. Considering their submissions, this group of appeals and Civil Applications are admitted. Learned Advocate Mr. A. V. Prajapati appearing for respondents-claimants waives notice of admission on behalf of respondents-claimants in each of these appeals and Civil Applications. In facts and circumstances of case and with consent of both learned Advocates, present appeals and Civil Applications are taken up for final hearing today.

(2.) By filing these appeals, appellants are challenging award made by Reference Court, Mehsana in Group of L.A.R. Nos. 1315 to 1325 of 2005 dated 13th December, 2007 vide Exh. 36 wherein Reference Court has awarded Rs. 35-00 being additional amount per square meter as compensation in favour of respondents-claimants with other consequential benefits under Secs. 23(1A) and 23(2) of Land Acquisition Act.

(3.) Learned Addl.G.P. Mr. Trivedi for appellant submitted that lands of original claimants situated in sim of village Ajabpura, Taluka Becharaji, District Mehsana were acquired for purpose of construction of Narmada Main Canal. Section 4 notification was published on 27-7-1995 and after following necessary formalities such as publication of notification under Sec. 6 on 29-2-1996 as well as service of notice under Sec. 9 for hearing claimant under Act, Special Land Acquisition Officer declared his award on 6-7-1998 whereby Special Land Acquisition Officer awarded Rs. 2-40 ps. per square meter for non- irrigated land and Rs. 3-60 ps. per square meter for irrigated land for acquired land. He further submitted that against said award made by Special Land Acquisition Officer, references were made before Reference Court under Sec. 18 of Act at instance of claimants wherein Reference Court made aforesaid award on 13-12-2007 which is under challenge in this group of appeals.