PUSHPABEN MANUBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The present group of Revision Applications are arising out of a common question of law and substantial facts in the Court by the request of the learned advocates has taken up the hearing conjointly by treating Civil Revision Application No.190/2018 as a lead matter.

(2.) The background of lead matter in Civil Revision Application No.190/2018 is that the petitioners are the original claimants whose lands situated in the sim of village Pore, Taluka and District Gandhinagar was acquired for the purpose of Adalaj, Nabhaoi, Koba link road. The possession was taken over in the year 1991 and for the said acquisition, Section 4 notification under the Act was published on 13.03.1993 whereas Section 6 notification was published on 15.4.1995. The Special Land Acquisition Officer was pleased to pronounce the award u/S.11 of the Land Acquisition Act, 1894 on 29.06.1996 and as against the claim of Rs.300/- per square meter under the award, an amount of Rs.7/- per square meter was awarded which has resulted into filing of a reference proceeding u/S.18 of the Act for seeking additional compensation. The said group of reference was registered as Land Reference Case No.316/1998 so far as the lead matter is concerned and the reference Court was pleased to enhance the compensation by holding that petitioners are entitled to an amount of Rs.300/- per square meter. The learned Court also calculated the aggregate sum of award by drawing schedule alongwith the award on 29.01.2007.

(3.) Feeling aggrieved by the said award of enhanced compensation passed by the learned Reference Court, the respondent authorities have preferred an appeal u/S.54 of Land Acquisition Act read with Section 96 of the Code of Civil Procedure. In case of present proceedings, the First Appeal No.4997/2007 and by way of judgment and order dated 22.06.2015, the Hon'ble Court was pleased to reduce the amount of compensation from Rs.300/- per square meter to Rs.231/- per square meter and the original award was modified to the aforesaid extent and rest of the terms of the award were kept intact while disposed of the First Appeal proceedings.