SPECIAL LAND ACQUISITION OFFICER Vs. CHANDRAKANT DAHYABHAI

JUDGEMENT

(1.) HEARD learned AGP Mr. Janak Raval appearing for appellants and learned advocate Mr. B. S. Patel appearing for respondents-claimants.

(2.) THE appellants have challenged award passed by 6th Additional Senior Civil Judge at Vadodara in Land Reference Case Nos. 942 to 948 of 1990, Land Reference Case Nos. 951 of 1990 to 953 of 1990, 955 of 1990 and 959 of 1990 (Main Case No. 943 of 1990), decided on 10/5/2007 where Reference Court, Vadodara has awarded Rs. 4,00,000/- per hector being a market price of land acquired with consequential benefits.

(3.) LAND of original claimants situated at village Amliyara, Taluka and District Vadodara was acquired for purpose of construction of Vadodara Branch Canal of Narmada Project. The notification under Section-4 of Land Acquisition Act, 1984 (the Act) was published on 16/1/1986 and Notification under Section-6 of the Act was published on 26/6/1986. The Land Acquisition Officer passed award on 16/1/1987 and awarded Rs. 2,00,000/- per hectare. Being aggrieved by aforesaid award passed by Land Acquisition Officer, claimants have preferred references before Reference Court, Vadodara wherein after hearing matters, Reference Court, Vadodara vide impugned order dated 10/5/2007 awarded Rs. 4,00,000/- per hectare in all i. e. additional Rs. 2,00,000/- per hectare. The Reference Court has also awarded compensation under Section-23 (1-A) @ 12% per annum on market value from date of notification under Section-4 of the Act till date of award of Land Acquisition Officer or from date of taking over possession of land whichever is earlier. The Reference Court also awarded solatium as per Section-23 (2) of the Act.