SPECIAL LAND ACQUISITION OFFICER Vs. MAHOBATSINH BAPUBHA

JUDGEMENT

(1.) THIS appeal is one of the group of appeals directed against the common judgment and awards dated November 30, 2005, passed by the learned Principal District Judge, Surendranagar in Land Reference Case No. 317 of 1999 to No. 333 of 1999, awarding additional compensation ranging between Rs. 140/10ps. to Rs. 143/- per sq. mtr. , over and above, compensation offered to the claimant by the Land Acquisition Officer. The present appeal could not be taken up for final hearing as respondent no. 6 died during the pendency of the appeal. The appeals being First Appeal Nos. 4814 of 2006, No. 4816 of 2006 and No. 4830 of 2006 were taken up for final hearing and by judgment dated 18th April 2007, the appeals were partly allowed in the following terms: "for the foregoing reasons, all the appeals partly succeed. The judgment and award dated November 30, 2005 rendered by the learned Principal District Judge, Surendranagar, in Land Reference Case Nos. 317 and 319 to 333 of 1999 awarding additional compensation at the rate of Rs. 140. 10 ps. per sq. mt. for irrigated lands, Rs. 141. 40 ps. per sq. mt. for non-irrigated lands and Rs. 143/- per sq. mt. for Kharaba lands, over and above the compensation offered to the claimants at the rate of Rs. 3. 90 ps. per sq. mt. for irrigated lands, Rs. 2. 60 ps. per sq. mt. for non-irrigated lands and Rs. 1/- per sq. mt. for kharaba lands by the Special Land Acquisition Officer is hereby modified, and it is held that the claimants, in all, would be entitled to compensation at the rate of Rs. 110/- per sq. mt. The other statutory benefits which have been conferred on the claimants, are not interfered with and are hereby confirmed. The appeals are allowed to the extent indicated hereinabove. There shall be no orders as to costs. The Registry is directed to draw decree in terms of this judgment immediately. The Registry is further directed to send back R and P to the Reference Court forthwith. "

(2.) NOW, that the heir of original respondent no. 6, since deceased, is brought on record by an order passed in Civil Application No. 1699 of 2009, we have taken up this appeal for final disposal.

(3.) THE above-said judgment dated 18th April 2007 in First Appeal No. 4814 of 2006 and connected appeals came to be challenged by the Land Acquisition Officer. However, the Honourable the Supreme Court dismissed the Special Leave to Appeal (Civil)Nos. 19842 to 19857 of 2007 by order dated 31st October 2007.