STATE OF GUJARAT Vs. MULJIBHAI BHAILALBHAI PATEL

JUDGEMENT

(1.) HEARD, learned Additional Government Pleader Mr. Trivedi appearing on behalf of the appellant - State of Gujarat and learned Advocate Mr. Trilok Patel appearing on behalf of respondent - claimant. After considering submissions made by both learned Advocates, these appeals are admitted. Learned Advocate Mr. Trilok Patel waives service of notice on behalf of respondent - claimant. With consent of both learned Advocates appearing for respective parties, matters have been taken up for final hearing today.

(2.) THE appellant has challenged award passed by Reference Court in Land Reference Case No. 223 of 1990 to No. 226 of 1990 and No. 229 of 1990 to No. 231 of 1990. Main Land Reference Case No. 223 of 1990, exh. 27, decided on 25th October 2005. The Reference Court, Vadodara has awarded market price of acquired land Rs. 1,30,000/- per hector being Rs. 13/- per sq. mtr. (an additional amount @ Rs. 1,22,000/- per hector, which comes to Rs. 12. 20ps. per sq. mtr. ).

(3.) LEARNED Additional Government Pleader Mr. Trivedi appearing on behalf of appellant submitted that land of original claimants situated at village: Chandranagar, Tal. : Savli, Dist. : Vadodara was acquired for the purpose of construction of main canal of Narmada Project. Sec. 4 Notification is dated 26th December 1983 and Land Acquisition Officer has passed award in Land Acquisition Case No. 1 of 1983 dated 30th June 1986, where Rs. 8,000/- per hector had been awarded for acquiring land against which, reference has been made by claimant, where Rs. 1,30,000/- has been awarded per hector inclusive of market value already awarded by Land Acquisition Officer.