STATE OF GUJARAT Vs. KHIMAJIBHAI GOPALBHAI

JUDGEMENT

(1.) HEARD learned AGP Mr. AL Sharma for appellant and learned Advocate Mr. KL Dave for respondents original claimants in this group of appeals.

(2.) BY filing the, se appeals, appellant State of Gujarat has challenged award made by Reference Court, Junagadh in Land Reference Case No. 954 of , r group matters by Exh. 132 dated 10. 5. 2006. At this stage, it is necessary to note that reference court has taken time of about fifteen years in deciding land reference cases. R, t, Junagadh has awarded additional amount of compensation in favour of claimants Rs. , are meter with other consequential benefits. Lands of original claimants situated in sim of village Keshod,taluka and District Junagadh were acquired for p,. Notification under sec. 4 of Land Acquisition Act was published on 24. 6. 88. , under sec. 6 of said Act was published on 4. 7. 1989. After following due procedure, Special Land Acquisition Officer by his award dated 21. 1. 91, awarded compensation for acquired land @ Rs. 175. 00 to Rs. 500. 00 per Are for irrigated land and Rs. 275. 00 to Rs. 350. 00 per Are for non irrigated land as against claim of claimants. Therefore, being aggrieved by said award, original claimants preferred reference under sec. 18 of Act which was heard by reference court and reference court, vide his judgment and award dated 10. 5. 2006, awarded additional compensation @ Rs. 70/- per square meter,excluding compensation already awarded by Special Land Acquisition Officer. Therefore, present appeals have been filed by appellant State before this court.

(3.) IT is submitted by learned Asstt. GP Mr. AL Sharma before this Court that reference court has committed gross error in not considering question of limitation in filing of reference before reference court by claimants. He further submitted that under section 12 (2), notice issued by appellant to claimant and from date of receiving such notice, within six weeks, reference is required to be made under section 18 of Act but reference was not made in time. He also raised contention before this court that it is not necessary that copy of award must have to be annexed to notice under section 12 (2) of Act. He relied upon decision of Full Bench of this Court in case of Special Land Acquisition Officer, Himatnagar versus Nathaji Kachraji reported in 2002 (1) GLR pg. 462. He submitted that notice needs to contain only information regarding essential parts of award but it is not necessary that such notice should contain all details of award and copy of award is not required to be supplied along with such notice and, therefore, contrary decision of this Court has been overruled by Full Bench of this Court. He also submitted that the payment was made to claimants on 27. 2. 1991 and section 12 (2) notice was dated 13. 2. 1991 and award was passed by Special Land Acquisition Officer on 21. 1. 1991 but reference was thereafter made on 26. 8. 1991 and, therefore, it was apparently clear from record that reference is time barred but that aspect has not been properly appreciated by reference court and, therefore, interference of this court is necessary. He further submitted that reference court has committed an error in not giving any reason how award passed by Land Acquisition Officer is not proper and how compensation awarded by Land Acquisition Officer is inadequate. He submitted that it is the burden upon claimant to show how compensation awarded by land acquisition officer is meager and inadequate. He further submitted that land acquisition officer has considered location of each piece of land, prevailing market rates, type of lands and other relevant factors, nature of land, area thereof, level and development of land and has considered sale instances of five years but that aspect has not been properly appreciated by reference court while granting additional compensation and, therefore, according to him, additional compensation awarded by reference court is contrary to law as well as evidence on record and, therefore, interference of this court is necessary.