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High CourtsSingle Bench(2010) 12 GUJ CK 0055

Special Land Acquisition Officer and Others vs Takhatsinh Badharsang Rana

Gujarat High Court · Decided on 30 December 2010

HON’BLE JUDGES
K. S. Jhaveri, J
RESULT
Dismissed
CASE NUMBER
First Appeal No''s. 5161 to 5163 of 2010 and Civil Application No. 17007 of 2010 in First Appeal No. 5161 of 2010 to Civil Application No. 17009 of 2010 in First Appeal No. 5163 of 2010

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Judgment

6 paragraphs · 353 words

K.S. Jhaveri, J.—By way of these Appeals the Appellants have challenged the judgment and award dated 20.3.2009 passed by the Additional District Judge, Fast Track Court No. 2, Bharuch in L.R.C+. Nos. 1165/1997 to 1167/1997, whereby the original claimants were awarded additional compensation Rs. 38/- per Sq. meter for the acquired land.

2.

The short facts of this case are that the lands of the original claimants situated within the revenue boundary of village Uber, Taluka Jambusar District-Bharuch were acquired for the public purpose under Narmada Project vide L.AQ. Case No. 93 of 1996. The notification u/s 4 and Section 6 of the Land Acquisition Act, 1894 were published on 13.12.1995 and 8.8.1996 respectively. After following due procedure, on 30.10.1996 the Special Land Acquisition Officer declared his award u/s 11 of the Land Acquisition Act and awarded compensation Rs. 190/-(Rs. 1.90 per sq . Meter) per Are as against the demand of the claimants. Aggrieved by the aforesaid award of the Special Land Acquisition Officer, the original claimants preferred Reference u/s 18 of the Land Acquisition Act being Land Reference Case Nos. 1165/1997 to 1167/1997 before the Additional District Judge, Fast Track Court No. 2, Bharuch. The learned Trial Court after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the present Appellants.

3.

Heard the learned Advocates for both the parties.

4.

The Reference Court, while considering the matter has relied upon paragraph No. 9 of the earlier award of the same judge and after considering the evidence produced on record has awarded additional compensation. Learned advocate for the Appellant is not able to produce on record any other evidence to take a different view of the matter.

5.

In that view of the matter the Reference Court has committed no error, and the award is just and proper. Therefore, appeals deserve to be dismissed. Hence, the same are dismissed.

6.

In view of the order passed in the above First Appeals, Civil applications will also stand disposed of.