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2010 Supreme(Guj) 290

High Court Of Gujarat
Jayant Patel, Abhilasha Kumari, JJ.
State Of Gujarat Through Sp1. Land Acquisition Office - Appellants
Vs
Amaji Mohanji Thakore - Respondents
First Appeal No. 441 of 2010
Decided on: Sep 09, 2010

Advocates Appeared:
Umesh Trivedi, S.N. Shelat, A.V. Prajapati

Headnote:

Land Acquisition Act - Section 4 - Notification for acquisition of Land - Special Land Acquisition officer passed the award on whereby the compensation was awarded which the claimants accepted the award under protest - Held, Judgement and award passed by the Reference Court for awarding additional compensation for trees are also quashed and set aside. The judgement and award passed by the Reference Court for granting statutory benefits under Section 23(1A) and 30% solatium and interest as per the provisions of the Land Acquisition Act are not interfered with but with the clarification that in view of principal amount of additional compensation, all such amount shall proportionately get reduced - Appeal partly allowed

JUDGMENT

JAYANT PATEL, J.

1. As, in all the matters, common questions arise for consideration, they are being considered by this common judgement.

2. In First Appeal Nos.1754 of 2010 to 1758 of 2010, Notification under Section 4 of the Land Acquisition Act, (hereinafter referred to as 'the Act' for short) was published on 3.7.2004 for the purpose of 'Sujlam Suflam' Spreading Canal for acquisition of the land in question at Village Kherwa. Thereafter, the Notification under Section 6 of the Act was published on 26.8.2004. The Special Land Acquisition officer passed the award on 30th September, 2004, whereby the compensation was awarded at Rs.18.10 per sq. mtrs., which the claimants accepted the award under protest. The claimants thereafter as were not satisfied with the award raised the dispute, which ultimately came to be referred to the Reference Court for adjudication and the claimants claimed the compensation at Rs.2,000/- and Rs.1,000/- per sq. mtr., for different lands. The Reference Court ultimately passed the judgement and awarded compensation at Rs.253/- sq. mtrs., over and above the compensation awarded by the Special Land Acquisition Officer plus the statutory benefit and Rs.1,000/- per Lemon plant.

In First Appeal Nos.1880 of 2010 to 1890 of 2010. Notification under Section 4 of the Act was published on 3.7.2004 for the purpose of 'Sujlam Sudani' Spreading Canal for acquisition of the land in question at Village Kherwa. Thereafter, the Notification under Section 6 of the Act was published on 26.8.2004. The Special Land Acquisition officer passed the award under Section 11 of the Act on 30th September, 2004, whereby the compensation was awarded at Rs.18.10 per sq. mtrs. The Reference Court, in the impugned order dated 5.4.2008 has awarded additional compensation of Rs.253/- per sq. mtr., plus statutory benefit of interest and solatium.

3. In First Appeal Nos.2066 of 2010 to 2074 of 2010, Notification under Section 4 of the Act was published on 3.7.2004 for the purpose of 'Sujlam Suflam' Spreading Canal for acquisition of the land in question at Village Kherwa. Thereafter, the Notification under Section 6 of the Act was published on 26.8.2004. The Special Land Acquisition officer passed: the award under Section 11 of the Act on 30th September, 2004, whereby the compensation was awarded at Rs.18.10 per sq. mtrs. The Reference Court, in the impugned order dated 5.4.2008 has awarded additional compensation of Rs.253/- per sq. mtr., plus statutory benefit of interest and solatium and has also awarded Rs.1,000/- per Lemon plant over the land, wherever they were so located.

4. In First Appeal Nos.2305 of 2010 to 2310 of 2010, Notification under Section 4 of the Act was published on 3.7.2004 for the purpose of 'Sujlam Suflam' Spreading Canal for acquisition of the land in question at Village Kherwa. Thereafter, the Notification under Section 6 of the Act was published on 26.8.2004. The Special Land Acquisition officer passed the award under Section 11 of the Act on 30th September. 2004. whereby the compensation was awarded at Rs.18.10 per sq. mtrs. The Reference Court, in the impugned order dated 5.4.2008 has awarded additional compensation at Rs.253/- sq. mtrs. over and above the compensation awarded by the Special Land Acquisition Officer plus the statutory benefit and Rs.1,000/- per Lemon plant, and in addition thereof, Rs.1,000/- per Chikoo plant and for Rs.500/- per Saragvo tree are also awarded as additional compensation.

In First Appeal Nos.441 of 2010 to 455 of 2010, Notification under Section 4 of the Act was published on 1.12.2005 and the Notification under Section 6 of the Act was published on 8.2.2006. The Special Land Acquisition officer passed the award under Section 11 of the Act on 30th April, 2007, whereby the compensation was awarded at Rs.18.10 per sq. mtrs. The compensation claimed was of Rs.500/- per sq. mtr., by the claimants for the land in question and it appears that the Reference Court has awarded Rs.2




































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