STATE OF GUJARAT Vs. PARTHIBHAI DALABHAI BAMANIYA

JUDGEMENT

(1.) THESE appeals are directed against the common judgment and order dated 20. 12. 2006 passed by the Principal Senior Civil Judge, Dahod in Land Acquisition Reference Nos. 238 to 243 of 2004 by which the market value of the lands in question in Village Kanseta, Taluka Dhanpur, District Dahod is determined at Rs. 28/- per sq. mtr. and further amounts under sub-section 1a and 2 of Section 23 with interest under Section 28 of the Act are awarded.

(2.) THE notification under Section 4 of the Act was published on 11. 2. 1999. Thereafter, the declaration under Section 6 of the Act was published on 16. 5. 2002. By his award dated 24. 8. 2000, the Special Land Acquisition Officer offered compensation at the rate of Rs. 10,000/- per hector i. e. Rs. 1/- per sq. mtr. to the claimants. The claimants applied for the reference under Section 18 of the Act for enhancement of the compensation. When the references reached before the learned Judge, the claimants relied on the award passed by the Reference Court in LAR No. 177 of 2000 for acquisition of the lands of Village Gultora at the rate of Rs. 28/- per sq. mtr.

(3.) MR Umesh A Trivedi, learned Additional Government Pleader has invited our attention to the two documents i. e. a map showing the distance between Village Kanseta and Village Gultora and a certificate of distance, issued by the Deputy Executive Engineer, Panchayat (R and B) Sub-Division, Limkheda certifying that the distance between the two villages is 53 kms.